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
they go to their lots againe and so in that maner stil reiecting that which hath fewest bals the controuersie is at length brought onely betweene two of which the one must of necessity haue aboue halfe the suffrages and then the same is by the decree of the senate authorized and allowed One matter being dispatched they beginne with another vnlesse it bee too late in the day alwaies obseruing the same manner as is aforesaid The manner of giuing audience dispatching Ambassadors If there come an Ambassador from any prince to the commonwealth of Venice he is receyued of the Duke the counsellors and the whole colledge and doth before them expresse his ambassage which being hearde they do for that time dismisse him demanding space to consult vpon the matter which hauing done in sort forme as you haue heard they then demand the opinion of the Senate To which the Duke first declareth the effect of the Ambassadors demande and then the opinions are read of all those that haue authoritie to make report to the senate finally in manner as before The senate determineth what aunswere shall bee made vnto the Ambassadors demand who being called in a Secretary readeth vnto him the decree of the Senate vpon which hee is dismissed This is in effect the whole summe manner and forme that the Senate vseth in The councel or colledge of the tenne their consultations decrees and councels and therefore now I thinke it requisite in this place to say somewhat of the councell of the tenne of which you haue often heard me make mention This councell or Colledge of the tenne is among the Venetians of great and eminent authority and of which any man may boldly say that the whole safetie of the commonwealth dependeth I will therefore touch the beginning and originall thereof to the ende that the whole manner and course of the same may be the easilyer conceyued Our elders did with a maruellous in manner diuine prouidence foresee that as in mans bodie through the corruption and putrefaction of one humor many most daungerous diseases doe commonly happen which growe in time to bee the causes of death so also in a commonwealth there are sometime wicked and disloiall citizens that are causes thereunto of great troubles and calamities whiles they aspire rather to the pride of a wicked and vniust commandement then to the praise of an honest and quiet obedience carried away in those damnable endeuors eyther with ambition and desire of rule or oppressed with intollerable debt or otherwise hauing committed some haynous wickednes or crime for which they stand in doubt of punishment such as we reade was in Rome Cateline Silla Marius and finally Iulius Caesar who hauing by tyranny gotten the commonwealth did in a manner bring it to vtter desolation and ruine The like we reade of sundry common-wealthes Sundry great and famous common-wealths ouerthrowen by the infidelity ambition of some their priuate citizens of the Greekes yea and those sometimes famous and of great glory which by the vndermining ambition and treachery of some their wicked and vnfaithfull citizens were brought into seruitude and bondage But in these times of ours Italy it selfe hath yeelded vs sufficient examples all the cities whereof in a manner that were eyther gouerned by the people or by the nobility being brought vnder the yoke or tirany of someone of their citizens For which cause our prudent elders laboured to establish this commonwealth of ours in all perfection and beauty and to strengthen the same with such so holesome lawes that it might as much as in mans wisedome lyeth preuent the inconuenience of so monstrous and miserable a fall for they Nothing more to be feared then intestine broiles and cauil dissentiō imagined that there was not any thing so much to bee doubted and feared as an intestine enemy or ciuill strife sedition among the citizens Calling therefore to minde that among the Lacedemonians the Ephores were mighty and of great authority and among the Athenians the Areopagites and so likewise among the Romaines the Decemuiri or tenne men insomuch The cause of the creation of ten in the city of Venice that they made lawes they thought it not amisse by imitation of their example though in an vnlike cause to create in this our citie some magistrate of authority and power whose office aboue all other things should be to haue especiall care to see that among the citizens should not arise any strife or dissention whereby there might ensue any scandall or vprore and to preuent factions or the attemptes of any wicked citizen that shoulde conspire against the liberty of the common-wealth of which sort of mischiefe if there should by euill destiny any creepe into the commonwealth they then to haue absolute authority to punish and chasten the same least otherwise the commonwealth might thereby receiue harme But so great an authority and puissance coulde not haue beene committed to few without danger neither if to many woulde it then haue been formidable therefore to auoide the one and the other inconuenience they ordayned and established this Colledge of tenne They continue in this office a yeare and haue adioyned vnto them the Duke and the sixe Counsellors so that the whole Colledge commeth to make vp the iust number of seuenteene citizens to whome this great power and authoritie is giuen Of these tenne there are three euery month chosen and elected by lotte who are Presidentes of the Colledge and The heads of the Tenne by common phrase of speech called the heades of the tenne and they haue authority to assemble the whole Colledge of the tenne and to make report vnto them They haue aparte by themselues a chamber wherein they assemble when they sitte in councell They haue also vnder them priuate and particular officers as Porters Vshers and certayne that are allowed for their garde So that there is not any other Tribunall of magistrates gone vnto with greater obseruaunce and ceremonie Thither resort allthose that haue any thing to do in their Colledge They likewise reade all letters written to the Colledge and make report of them to the same for doing of the which with the greater sufficiency one of those Presidents alone by himselfe hath not authority to make report but they must bee eyther two to make reporte of the same matter or els foure Councellors For the same cause also and to auoide the rashnesse and temeritie that some fewe of them might otherwise vse in alteration of any thing it is ordayned that if they will cancell or vndoe any thing that is already established and fully confirmed they must at least haue the Suffrages of two partes of the Colledge for confirmation of that which they shall doe which otherwise is helde to bee voide and of no effect They haue also an order that the offendor is The offender neuer suffred to come into the Colledge not any friend or Lawyer
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
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
those Prouinces of their olde consideration into their protection as though they had neuer beene disunited thereby setting them free from out the seruitude of insolent strangers which being the remainder ofspring of those Barbarians that had wrought that general deuastation in Italy had then nestled themselues and helde the people in a most cruell and miserable bondage This increase therfore of dominion being added to the former greatnesse of the city their desire and indeuour was not onely to comfort and cherish this new receiued people with wholesome and profitable lawes but also to finde out meanes whereby to maintaine and preserue their recouered freedome and tranquilitie but the situation of their City being in the sea on the other side vtterlie diuerted their mindes from wholy applying themselues to land wars aswel through the inconueniency of the City thereunto as also for the auoiding of ciuill disturbance and tumult for of necessity those citizens to whose lot the managing of these saide wars should haue befallen might haue spent the greater parte of the yeare vpon firme land aswell to ride and practise their horses as also to inure and exercise themselues in sundry manners of skirmish and kinds of fight and withall for their better skill in military and martiall affaires it should haue beene necessary for them when occasion of employment wanted at home to frequent forrein warres thereby aswell to confirm their courages as to strengthen their bodies and so to enable themselues in that function for the seruice of their country whereas otherwise without this kinde of exercise they would haue beene vntill eyther to command as captaines or to obey his scutchions But now this their continual frequentation of the continent and diuorcement as it were from the ciuile life would without doubt haue brought forth a kinde of faction different and disioyned from the other peaceable Citizens which parcialitie and diuision wold in time haue bred ciuile warres and dissentions within the City I omit in the meane time to speake of those high and ambitious thoughtes that such would haue entertained as did see themselues mighty in armes followed with affecting troupes of vnquiet souldiers who according to the nature of men enclining still to the worse might easily bee stirred to mischiefe which The ouerthrow of Rome proceeding through the mightines of her owne Cittizens onely cause among the Romains as many of their ancient histories do notably remember wrought strange effectes in sundry of their Cittizens prouoking them to disobey and set at nought the lawes of the Senate and their country and finally Iulius Caesar exceeding the limites of all respect to tyrannize ouer that commonwealth to which hee did owe all duty and obedience To exclude therfore out of our estate the danger or occasion of any such ambitious enterprises our auncesters held it a better course to defend their dominions vppon the continent with forreyn mercenarie souldiers than with their homeborn citizens to assigne them their pay and stipende out of the tributes and receipts of the Prouince wherein they remayned for it is iust and reasonable that the souldiers shoulde be maintained at the charge of those in whose defence they are employed and into their warfare haue many of our associates been ascribed some of which haue attained to the higest degree of commandement in our Straungers receiued into the Venetian nobility Bartholomeo Coglione captain generall of the Venetian armie army for the exceedingnes of their deserts been enabled with the title of citizens gentlemen of Venice amongst which the name of Bartholomeo Coglione of Bergamo is yet honorable among vs who after many great exploits prosperous successes being captaine general of our army hauing amplified enlarged the boundes of the Venetian Empire was in eternall memory of his great and glorious actions honored of our commonwelth with his statue on horseback set vp and erected in the fayrest and goodliest place of our Citty The Cittizens therefore of Venice for this only cause are depriued of the honors belonging to warres by land and are contented to transferre them ouer to straungers to which ende there was a lawe solemnely decreede that no Gentleman of Vevice should haue the charge and commaundement of aboue fiue and twentie souldiers though the same law hath not beene in these times of ours altogether obserued but through the course of custome in a manner abrogated by reason of the many and sundrie warres wherewith we haue beene encombred so that nowe when wee haue any warres by land there are some of Legates or proueditors our Gentlemen sent into the Armie who therein doe beare office and authority while the warre endureth as namely the Treasurers and Legates who neuer stirre from the side of the Captaine Generall of our Armie who is alwaies a straunger which hath no authority to doe or deliberate any thing without the aduice of the Legates The warre being ended eyther Magistrate returneth home giuing vppe his authority and putting himselfe into order and this is wholy the manner of the Venetians warfare by land But for warres by sea and nauigation both our citie is much more thereunto opportune and cōmodious as also our people much more thereunto by nature addicted and enclined for our Citty lying seated in the sea needeth not greatlie feare any harme from forreyne land armies and as for it selfe to haue fostred or nourished forces to send vnto lande warres thereby to wrong or prouoke the bordring people that had not onely beene vniust but also very incommodious onely from sea therefore was their daunger and the same great if they should not haue beene throughly furnished with meanes of defence Therefore did the Citie turne all their care to strength and puissance by sea trayning vp their youth framing their whole manner of life thereunto The education of the Venetian gentlemen For the education of their gentlemen hath alwayes beene such that from their infancie till such time as the heares of their beards beginne to appeare they should be vnder the tutorship of schoolemaysters and instructed in learning according to their capacities and from thence forward except some fewe wholly addicted to some profession of learning they shoulde apply themselues to nauigation being thereunto as it were euen drawen by their owne inclination and nature Many do saile into farre regions as well by trafique to increase their substance as also by experience to gain the knowledge of the gouernment lawes conditions customes of other countries Many put themselues into the gallies of warre there enuring and practising their bodies to labour and their minds to the knowledge of the excellent arte of Nauall discipline in which the Venetians haue as I say alwaies beene worthily renowned And there is an ancient law continuing euen till these times of ours in force and vigor that there should be a yearely Encouragement for yong gentlemen to to frequent the sea stipend allowed out of the common
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
and goodlinesse yet the common sence of men doth not allow these offices of warre by which the ruine and slaughter of mankinde is procured to be for themselues desired and that all other ciuile offices should be thereunto referred for it were the token of an vnciuile disposition or rather of a man hating humanitie to wish for warres slaughters burnings for this onely cause that he might be famous in matters of warre and adde thereunto if it please you that he might be honored with the name of a great captain wherefore all philosophers of greatest marke haue Warre is to be desired for the cause of peace in this one point agreed that warre is to be desired for the cause of peace and that the whole function of militarie vertue and the commendation thereof ought to be referred to the offices of peace wherefore that gouernour of a commonwealth that would be accounted worthy of praise as the saying is a man perfectly accomplished ought to vse that temperature to maintaine that order that the whole commonwealth may seeme accommodated to vertue and withall that it bee rather thought to attend to the exercises of peace then to the offices of warre yet in the meane time not contemning such thinges as pertaine to the discipline of warres because many times the militare vertue so that the same be vsed without iniurie is necessary to defend and to enlarge the confines But things being once ordered as we haue said it is wont then to be doubted of whether it bee better that one or few haue the gouernment of the whole citie or rather the whole multitude as many doe describe the estate of that which ought properly to be called a commonwealth And truely to me it seemeth exceedingly well and wisely said of them Howsoeuer the successe hath allowed the gouernment of Venice either in regard of the smalnesse of their territory or the strong situation of their citie yet there was neuer any example of any other great cōmonwealth but that did soone perish by the plurality of commāders all great philosophers chiefly extolling the monarchy all course of times examples confirming their opinion that deemed the gouernment of men to bee vnfitly granted to one alone but that there should bee a thing more diuine to whom this office should be giuen as out of many sorts of creatures may be gathered For a sheep gouerneth not a flock of sheep nor an oxe nor an horse a heard of oxen or horses but a creature more excellent defendeth and gouerneth them which is man which is a thing manifest to al men of how much more worth he is then those brute creatures by the like reason if so it might be brought to passe should man be gouerned by som thing more diuine excellent thē man but seeing in worldly things which are with sence perceiued there is nothing found more excellent thē man man being a certaine diuerse creature consisting of different parts as hauing the inferior forces of his mind cōmon as it were with brutish creatures but with the superior powers therof participating in a manner with the immortal Gods that rightly ought amongst men to obtain the place of gouernment rule which is in man highest of greatest participation with dignity which is as all men do acknowledge the mind being by nature grafted in vs as a beame of the heauēly brightnes therfore euil shal that commonwealth be prouided for that That ought amongst men to obtaine the place of gouernment and rule which is in mā highest of greatest participation with diuinitie shal be committed to the gouernment of a man whom many times those inferior and brutish powers doe perturbe call backe from the true path of reason but that office is rather to be committed to the mind pure and void of perturbations wherefore by a certaine diuine counsell when by other meanes it might not mankinde through the inuention of lawes seemeth to haue attained this point that this office of gouerning assemblings of men should be giuen to the minde and reason onely the same being free from passion which among many other the infinit blessings gifts of heauen is not to be accounted in the lowest but rather the highest ranke if we will truely consider the vtilitie of lawes for first in enacting them many wise men meete together who by long vse growen skilfull in many things by comparing the inuentions and examples of others with their owne experience do at length after long consultation determine that which shall seeme best vnto them their minds being then directly bent to vertue free from hatred friendship or other perturbation the cause of no The excellency of lawes priuate man being interessed in the establishing of laws which in courses of mans iudgement often happeneth But after that lawes once are enacted if any then transgresse them chaunce to suffer the punishments that they inflict he cannot in reason blame any man and in this case it is not to be feared that any sedition or rancor growne among the citizens being the greatest most dangerous contagion of cōmonwealths whereas contrariwise when any man is punished by the iudgement of men not fortified with lawes great grieuous enmities do sundry times ensue for it scarcely can be chosen but that we remaine ill affected towards him of whom we haue receiued harme so that I cannot well resolue whether mankind be more beholding for any other The inuention of lawes was by the ancients consecrated vnto the immortall Gods thing to nature the mother of all things then it is for this inuention of lawes which was of the ancients and not vnworthely consecrated to the immortall Gods but which serueth more meruailous Aristotle ptince of philosophers in that booke of the world which he did dedicat to great Alexāder found not any thing to which he might likelier resemble God thē to an autentike law in a Citie rightly gouerned so that the opinion of this great philosopher was in manner that God was the same in the vniuersity of things as an ancient lawe in a ciuill company and in his bookes wherein hee entreateth of a commonwealth he tearmeth law to be a mind without appetite which is to say pure cleare and free from the infirmitie of any passion whereby any man of how slow conceit soeuer may perceiue the fitnesse necessitie of that of which we spake before that is that something more diuine then man shoulde rule and gouerne the companies of men for a man being aduanced to this office of gouernement as men endued with wisedome and integrity are rare and they for the most part may erre in iudging and decerning things through the force of their affections which do perturbe and diuert the mind from her true course and intention it followes of necessitie that thinges cannot go so currant as they should yea though it might be so that wee might find out a man
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
no force at all for if in them all chance should haue borne sway it might easily haue happened that the principall citizens might haue beene left out to the great preiudice of the common-wealth They ordayned therefore that there shoulde yearely be chosen threescore fathers not by casualty of The last 60. senators which are elected are called adiunctes lottes but by soundnesse of iudgement So you see that the Senate first consisteth of a hundred and twenty of which threescore are by their proper tearme called Senators the rest Adiuncts in the session of whose choice there is commonly a whole day passed ouer Now besides this hundred and twenty lawfull Senators those of the councell of tenne haue in the Senate equall authoritie with the Senators as also beside the Duke and the other councellors the councell of the fortie haue the like the iudges of capitall waighty crimes the maisters ouer the salt and corne and the procurers of S. Marke besides many others so that in our time their number exceedeth two hundred twenty who in their offices haue all the power and authority of Senators The whole manner of the commonwealths gouernment belongeth to the senate That which the senate determineth is held for ratified and inuiolable By The great authority power of the senate their authority and aduise is peace confirmed and war denounced The whole rents and receipts of the comcomwealth are at their appointment collected and gathered in and likewise laid out againe and defrayed If there be any new taxations or subsidies to be laid vpon the citizens they are imposed likewise leuied by the Senates decree And if at any time it shall seeme necessary for the good of the commonwealth to create a new officer or magistrate vpon any sodaine vrgent occasion he is by the senate elected Besides the senate by a perpetuall prerogatiue hath authority to chuse such Embassadors as are to bee sent to forraine princes and likewise to create the colledge of those whose office is to assemble the senate and to report vnto them Those are of Aristotle tearmed Praeconsultores but wee Preconsultors or Sages honouring them with a prouder title do call them Sages which name wee must in this discourse often vse least otherwise I shoulde seeme to mislike of our common phrase of speaking Neuerthelesse these sessions of the senate in which both the Ambassadors and the Sages are elected stand nothing so much in the arbiterment of chaunce as those before described that is to say the great councels wherein the whole number of the citizens is assembled gathered together for euery one of the senators nameth one whom hee thinketh good and then go to their suffrages of which whosoeuer shall haue more then the rest prouided alwayes that he haue about the halfe of the whole number on his side is presently ratified and chosen And if at any time the seruice necessary occasion of the common-wealth seeme to require the employment of some one in an office which they thinke he would be vnwilling to accept then doth euery one of the senators secretly in a little scrol note the name of him whom he thinketh fit for the charge putting the same into a pot prouided ready for the purpose after which the Secretary taketh those scrolles out and readeth them all openly then againe they go for euery one of those to their lottes of which on whomsoeuer the greatest part doth fal is presently pronounced chosen prouided alwaies that hee haue more then halfe of the whole number This manner of writing in scrolles was inuented least otherwise some might refrain from naming him whom they thought fitte for gouernment and discharge of that office least in regarde of his vnwillingnesse to accept it they might thereby incurre his displeasure euill will whereby through a priuate regard the common good might receiue preiudice The manner which the Senate vseth in their consultations and decrees Now it remaineth that we declare the manner that the Senate vseth in determining decreeing and consulting vpon those thinges which are to bee done and in what sort the decrees of the Senate were wont to be executed Sixteene Sages elected Our elders were not ignorant that if euery Senator should confusedly make report vnto the Senate then deliuer his opinion without limitation or restriction of that office to some particulars there must of necessity follow a great trouble and intricatenesse in the Senate Besides it is by experience approoued that the thing which dependeth generally alike vpon the care of all is generally alike in a manner of all neglected Therefore it was by our lawes ordained that there shoulde bee chosen sixteene citizens out of the senate which in respect of their farther knowledge and sufficiency aboue the rest are of the common sort called Sages we imitating Aristotle in regarde that they are to consult afore hand among themselues then to councell the senate in those thinges that are to be handled may well call them Preconsultors These haue authority to assemble the senate and to make relation of each matter vnto them This magistrate doeth not continue in The Sages diuided into three sorts or orders office any longer then sixe monthes But now these Sages are diuided into three sortes of great difference and diuersity the one from the other for in the first are sixe senators of the most noble and citizens excelling the rest as well in dignity and estimation as in prudent grauity and profoundnesse of knowledge Their office principally is that in waighty and important causes concerning the state of the commonwealth as well in matter of warres as in thinges of peace they are first among themselues to hold a long and deliberate consultation and then to giue ouer their councell and opinion to the senate In the second sort or order are onely fiue who though they haue equall authoritie with the other in making report of all thinges to the senate yet are they of farre lesse estimation and dignity To them chiefly belongeth the care of the soldiers that are by the commonwealth entertayned in pay and are vnder the gouernment of the Generall of the Venetian forces Of the third order there are also fiue to whom the charge of all sea matters is committed of which onely and of nothing els they haue authority to make report vnto the senate This office was held of our ancestors in great reputation during the while that our common-wealth did flourish was famous in matters of nauigation but when once our minds were bent to the enlarging of our limites and to the greatnesse of rule by lande then beganne our seafaring matters to decline and with them the reputation of this office so that in this age of ours young men and some in a manner beardlesse are admitted thereunto These sixteene citizens therefore whose assembly among the Venetians by proper terme called the Colledge doe early in the morning meet together with the
prince and the counsellors first they spend the day till it be three a clocke in giuing audience to priuate sutors that haue any cause eyther with the commonwealth or with any particular magistrate whose suits and causes they do there altogether determine and end vnlesse the matter bee of such importance that it behooueth them to make report thereof vnto the senate After three a clocke all priuate men are dismissed out of the court presently all such letters as are sent vnto the senate are read by one of the secretaries that belongeth to the state after which the Sages or Preconsultors do withdraw themselues apart into a Conclaue or councell chamber there to consult of publike busines vnlesse they be detayned by the Ambassadors of some Prince that desireth audience of the Duke the Colledge or by some other businesse of great and waighty moment After that they are withdrawen placed euery one in his seate he which there presideth which prerogatiue each of them inioyeth seuen dayes together one after the other as his turne comes about propoundeth that cause or matter which they are in councell to debate of Then he demandeth of euery one his opinion yet obseruing such order that those of the first sort as they are noblest in degree so they bee first intreated to speake their aduise and after them the other fiue whom wee placed in the second ranke or order Lastly if the question concerne any sea matters the five of the last order who haue charge therof are asked their opinion But if the matter propounded doe not pertaine to sea businesse they are to holde their peace In each ranke or order hee alwayes first speaketh his aduise that had the Presidencie the last seuen daies and then next vnto him the eldest of the company and after him the rest accordingly vnto their age Lastly of all he which did propound the matter sitteth during those seuen daies as President and chiefe vttereth his conceipt The matter being at length well disputed of among them whether they be all of one opinion or diuided into sundry as the dispositions of men are different and diuers they go first to the prince councel before they assemble the senate there do repeate the seuerall opinions of all to which if the prince or any of the counsellors doe seeme to leane or giue his assent or shall otherwise of himselfe yeeld any other different reason the matter is then once againe debated of among them and finally euery mans opinion put in writing which belongeth to those to doe that are secretaries of this three seuerall orders The businesse then being well debated of that is to be determined by authority of the Senate the Senate is assembled When the senators are come into the Court first all such letters as are of moment and were deliuered to the Duke and Sages since the dismissing of the last Senate are there recited Then are the opinions of the Sages repeated concerning those matters that were in their Colledge debated whether they were all of one mind or of sundry euen in a manner in the same sort as the requestes of the people of which Plato speaketh were wont to be among the Athenians But none other besides those who as I told you are of the Venetians called Sages hath power or authority to make report vnto the senate and then to confirme establish his opinion by authority of that order alwaies I accept the Duke the counsellors and the Presidents of the forty of whom I will at large declare and speake more hereafter The opinions of all being read and perused in the senate he that is for that weeke president of the first order of Sages ariseth if he so thinke good if not the eldest or els any of the other to whom being desirous to speake the rest are contented to giue place and from a seate or scaffold made of purpose somewhat higher then the rest hee maketh his oration to the senate alleadging such reasons as hee thinketh meetest to confirme his opinion and to refute that which is maintayned to the contrary yet modestly and with grauity as it beseemeth a senate of so honourable a degree and order After that he hath ended another of the Sages that differeth from his opinion ariseth fortifying his owne aduise with the best reasons hee can yeelde and refelling the former and likewise the rest if there bee any more that doe disagree from his Then the third if there bee so many diuersities of censures among them standeth vp by proofes and argumentes endeuouring to maintayne and confirme that which he thinketh meete and conuenient and so by course still is the matter pleaded and argued among them till there remaine not any one more that will speake as for the Senators no one of them may speake till the Sages that will take the matter vpon them haue made an ende but when they haue with reasons argumentes and proofes contended and throughly debated the matter of each side as much as shall seeme good vnto them then haue the other Senators also libertie to speake of which if any will gainesay or confirme any of the former opinions or alleadge any new of his owne he may freely do it at his pleasure though as for the opinion of which himselfe shall bee author and inuentor he may not himselfe make report thereof vnto the Senate but if it shal be thought good and profitable for the commonwealth then commonly one of the Colledge or a counsellor or the President of the forty relateth the same vnto the Senate By which means the matter being at length wel throughly sifted and discussed then doth the senate determine by the suffrages of those that are of that order whether of the opinions is to be allowed yet do they not with words or signes confirme or refute that opinion as we reade the auncient Romaines did neyther do they speake it publikely for euery one to heare but their manner is to decide it with pots and suffrages not much vnlike the order I told you was obserued in the Sessions The secretaries of the senate bring forth as many pottes as there are opinions concerning the matter debated of and one besides which is greene into which are put the lottes of all those that do dislike that aduice and counsell and another redde which receiueth the balles of those Senators that remaine doubtfull to whether opinion they shoulde encline The other Senators euery one putteth his ball into his pot whose opinion he liketh and esteemeth aboue the rest if hee like none at all then he putteth it into the greene potte and if hee bee doubtfull into the redde The Counsellors do tell the balles and that opinion is held for ratification and decreed which shall haue in fauour thereof the balles of halfe the senators which number if none of them attaine vnto then first that opinion which is fauoured with fewest balles is quite reiected for the rest
the Iudges but in Venice no priuate man may performe such office the same by the lawes of the commonwealth belonging to the dignity magistracie of the Aduocators In which point mee thinketh our ancestors did rightlier imitate the nature of things and had therein a more regardfull foresight to maintain the citizens in agreement then had the Romaines For seeing that an offence committed is a breach of the lawes a scandall to the commenwealth the lawes and the commommonwealth are to exact punishment thereof who can be fitter to require the punishment of him that offendeth or who ought thereunto to bend greater indeuour then that Magistrate whose authority rule dignity is wholly giuen him to defend the laws Neyther can any priuate citizen play the part of an accuser without exceeding enuie and hatred of him whom he shall prosecute whence easily there might sedition trouble arise among the citizens which inconuenience is by vs notably auoyded by laying this whole charge of accusations vpon a Magistrate who is not to handle the same according to any priuate or particular dissentious conceipt but according to the prescript rule and forme of the lawes so that it hath neuer lightly beene hearde of that euer any blame was imputed to an Aduocator for vsing vehement inuectiues or being a sharpe accuser but rather the greater applause and praise thereby to arise vnto him among all the citizens But let vs now returne to our before mentioned manner of iudgements The Councell being assembled the Aduocator plaieth the parte of a bitter accuser strayning the vttermost inuention of his wittes with all vehemence against the offendor first obiecting vnto him the offence confirming the same with witnesses and then strengthening his obiection with probabilities and likelihoodes of coniecture hauing ended his speech the aduocate of the offender pleadeth in the Clyentes behalfe After which if any of the Aduocators will speake afresh before the Iudges giue sentence he hath libertie so to do likewise the Lawyers of the defendant haue leaue to aunswere and to confute if they can the opposed arguments And so of eyther side the cause is debated and tossed to and fro till eyther the offender or the Aduocator whose turne it is to speake doth declare that he hath no more to say which done the offender and his aduocates are commanded out of the Court and the Aduocators are shutte into a roome apart with the Iudges and their Secretaries not any one else being suffred to be there The Aduocators first doe make a motion vnto the Iudges of punishing the offender demaunding their opinions whether they thinke him worthy of punishment or no not naming or appointing any one certayne kinde of punishment which Two manner of iudgements custome was in a manner obserued by the Athenians for in Athens the Iudges gaue two sentences in the first eyther condemning or absoluing the prisoner If in the first hee were condemned then was the manner of his punishment determined of in the second as out of Platoes Apologie of Socrates may plainly bee perceiued the very like order of iudgement is that in manner which we do vse first as I say the aduocators make a motion vnto the Iudges of punishing the offender Then the Iudges go vnto their suffrages for by suffrages among the Venetians all things are determined Three pots are brought forth by the one of which the offender is condemned by the other hee is absolued in maner without any correctiō by the third are known the opinion of those which doe seeme yet to doubt whether course is to be taken the first of condemnation is white the second of absolution greene the third of doubtfulnes redde Euery of the Iudges whether the cause be disputed of by the forty as vsually it is or els that the senate be consulted with which seldome happeneth that only in great waighty causes or whether it be by the aduocators reported ouer to the great councell which is most seldome neuer but in matters exceedingly enormous to the ende to haue his suffrage vndiscerned letteth fall into whether of these The manner of the prisoners tryall three pots he pleaseth a little linnen ball which being done the presidents of the councell doe number the balles and if more then the half be in sauor of the prisoners liberty he is presently pronounced free the request of the aduocators reiected But if more then the half of those bals be found in the pot of condemnation he is presently condemned if neither of both exceede the half but that the greater part of the Iudges put their suffrages into the pot of doubtfulnes then his cause is deferred ouer til another day to the better discussion of the Iudges if he be absolued he hath no more to do but is presently set at liberty if his terme be prolonged then there is a new day appointed both to him and the Iudges for the handling of his cause the Aduocators accusing him and his Lawyers as wel as they can refuting the obiected crimes After that the matter is debated pleaded on both sides the Iudges go to their bals againe and if then neyther there bee any thing concluded in regard that the greater part of the lots be found in the pot that agreeth the doubtfulnesse irresolution of the Iudges then once againe is the cause put ouer and a new day appointed both to the prisoner and the Iudges which being come and the Iudges casting their lots as before there is no farther regard helde of those that are doubtfull insomuch that if the lottes bee not in eyther parte iustly equall of necessitie the prisoner must bee eyther acquitted or condemned if hee bee acquitted hee hath as I said before no more to doe but if he bee condemned then they are to determine of the manner of his punishment concerning the which both the Aduocators and the presidents of the Colledges of Iudges doe make motions Alwaies The office of the Aduocators enclyning more to seuerity thē mercy The heades of the forty and the counsellors propound lighter penalties the Aduocators doe propounde that punishment which to that sorte of offence doth seeme most sharp and grieuous their office and dutie being more to incline to seuerity then to mercie The other doe accustome to propounde lighter penalties vnlesse the fault be so hainous that there remain no place for pitty or els that the Aduocators haue vsed greater lenitie then becommeth their place and office The opinions of all being proposed the punishment that the prisoner must suffer is in the very same manner and fashion concluded determined on as I told you aboue that the decrees of the senate are wont to be ratified when the Sages are of sundry diuers opinions The manner of which if I should repeat againe I should trouble the reader with a needlesse iteration and perchance be accounted tedious for my labor Let this suffise that that opinion of the
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
onely the magistrate which was called president of the lones and as yet retayneth that name recorded President of the Lones in a booke the seuerall summe contributed by euery particularr cittizen and in the meane time till the same were repayed there were allowed fiue crownes in the hundred to euery one of those that had beene taxed and thereunto were sundrie rentes appointed so that in those ancient warres it was an easie matter to leuie mony by this manner of taxation and surely in my opinion it was a thing very iust and reasonable that somewhat should bee againe restored vnto them out of the common reuenew that had in the necessarie times of the common wealth spent and empayred their substance for as the partes ought to haue regarde to the safety of the whole so in naturall reason also ought the whole to defend and preserue the partes in asmuch as may bee from all inconuenience and wrong and to participate with them some part of the common nouriture thereby to restore enharten them but in our time this debt of leuied mony was so excessiue and great that the very interest thereof after the rate I spake of amounted to three hundred thousande Crownes by the yeare which payment being of late by reason of the extreame necessities and dangerous warres wherewith the commonwealth was enuironed withholden and kept backe now finally some foure yeare since there was a statute and decree enacted by the Senate the motioners and perswaders thereof being Dominico Treuisano Andrea Gritti Duke Venice a graue and honorable Councelor and Andrea Gritti a Senator of singular prudence and integrity who now to the generall contentment and exceeding happines of our commonwealth wee acknowledge for our Duke and Prince that there should not thence forwarde be any mention made of paying any yearely interest neither that any suits kinde of subsidy or contribution shoulde thereafter be registred or enrolled in the common bookes and yet least the citizens should thinke themselues defrauded it was prouided that they should be paide their principall and likewise the interest due vntill the day of the decree for satisfaction of which they appointed out not onely An Officer appointed for the payment of the rownes debtes a great part of their tributes but also the whole possessions belonging to the common wealth in the teritorie of Rouigo The medling in which busines happened partly to my lot in regarde of an office that I then bare instituted of purpose before our times to diminish and lessen the debts of the common wealth or if it were possible vtterly to extinguish them of which I wil speak somewhat hereafter and so a great part was discharged of those heauie and vnmeasurable debtes with which the commonwealth was burthened and likewise the estate of the priuate citizens not left vnconuenientlie regarded yet alwaies so that the generall good was first prouided for and then the priuate which order is discended euen to our times from our auncesters from hand to hand Now then to turne our speech thether againe wherein we digressed The Presidentes of the lones are those that do gather together the money wherein the Cittizens are taxed at such times as the commonwelth needeth their helpe of which when in their bookes they haue taken a particular note and reckoning then finally they deliuer the same ouer to the Treasurer of the Chamber of the Citty from whome it belongeth to their charge to exact such summes of money as were yearely accustomed to be yeelded in steade of rent to the priuate Cittizens and likewise to register vp in their bookes both the receipt and expence thereof But this money which by the Senates decree is leuied of the Cittizens and is after a certaine time to bee restored vnto them againe was wont both to bee collected and repayed by a certaine peculiar Magistrate thereunto appointed Now this office Officers that do seaze and sell the goods of those that do not at the time appointed pay the mony in which they are taxed belongeth wholy to the Gouernours of the Rentes There is also an other money-Magistrate not to bee omitted to whose office it appertaineth to search seaze and to sell openly the goodes of such as do not at the time appointed pay the summe of mony at which they are taxed There are also other money-Magistrates that do seeke out the endebted Cittizens and do aswell peruse the bookes of account of priuate men as also those of the common welth to the end that the treasurie and common welth may not any way bee defrauded which for auoiding tediousnesse I will ouerpasse because they are not of any moment to that order and gouernement of our common wealth which I haue taken vpon mee to describe Presidents ouer the coyne or mintmaisters Besides these heretofore mentioned there are also certain other magistrates whose offices are of greate auaile to the commoditie quietnesse honour health and happinesse of our Countrie and therefore not to be ouerslipped in silence First are the maisters of the coyne aswell golde as siluer the currant goodnesse of which as yet entertaineth the willing trafique of straungers so is it comfortable and commodious to the Citizens within themselues then the cornmaisters and health maisters of Venice both being Corn masters Helth masters Presidentes of the Arsenall of great and exceeding consequence as likewise are the worshipfull Presidentes of the Arsenall Then are there certaine officers such as among the Romains Aediles were called Aediles to whose care belongeth the mending and repayring of the streetes and Bridges and other the like matters of that kinde and office exceedinglie requisite and necessarie in this common wealth of ours and lastly the office of those whome Procurators the Venetians call procurators being of great dignity and singularly auailable to the City Of the Presidents of the money or Mintmaisters I knowe not what I should say more then that their chiefe charge and care is that the gold and siluer be not coyned in any baser allay then that which by the law is appointed neither that the same beare any whit lesse weight then it should doe which hath beene of vs all most religiously obserued insomuch that the money of Venice is of great account and runneth currant aswell among the barbarous Nations as it doth in Christendome For whereas all other Christian Princes in a manner cause their mony to be stamped in a baser allay to the end to make it stretch the farther ours haue alwayes herein most constantlie retayned that dignitie which they receyued of their auncesters The magistrate that hath the charge for the prouision of corne is exceedingly necessarie to this city of Venice because there being but a small quantitie of corne to be gathered out of the territorie of Venice and the cittie being most populous and round about encompassed with lakes of necessitie there is greate care to bee had of these prouisions least the people whose