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
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
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
equall with the number of the names writē in the first euery one hauing his marks the fift part of these balles is guilded with gold the rest with siluer the prince taketh out of the first potte the name and then out of the next potte the ball which if he be of the golden sort the young man whose name was drawen hath presently the authority of publike power and is admitted into the great counsaile but if it be of the siluered he leeseth for that time his right and expecteth his fortune of the yeare to come vnlesse in the meane time hee accomplish the 25. yeare of his age for euery gentleman comming to that age hath presently the right of a citizen and is made pertaker of the publike authoritie by this meanes the fift part of the noble yong men that put themselues to this tryall is euery yeare admitted and enabled to giue his voyce with the other citizens but if it so happen that the father or grandfather of any gentleman eyther in regard of absence or other cause had neuer vsed this publique right nor his name neuer beene registred in the common booke that contayneth the names of all the nobilitie lest there should be any fraud vsed or lest any bastard shoulde vnder hande enter into this company of No bastard admitted for noble gentlemen they would not that this matter should bee iudged and determined of onely by the office of the aduocatory magistrates but it is prouided for by a lawe that they should proue their nobilitie by witnesses and publike writings and that the aduocators should make The counsell of the ◅ report ouer to the forty men and so the cause being vnderstood and throughly examined and debated of by the forty men it is at length iudged whether the party pretending is to be admitted for noble or no. But to the end that no one shoulde scotfree aduenture the triall of this iudgement it was also prouided that whosoeuer should vndertake this proofe of his nobilitie shoulde first bring vnto the magistrate fiue hundred crownes of gold by them to be put into the treasure in case the pretendant speed not in his suit Such was the diligence of our ancestors to the end that this congregation of nobility should no way be defiled For which cause those very citizens which are nobly borne and haue past their 25. yeares obtaine not yet the authority of giuing their voices till being so presented before the magistrates they proue the accomplishment of the age by the othe of their father mother or neere kinseman and also by two witnesses that they were born of that gentleman who they say was their father not bastards nor of a mother any way reproched Now that we haue expressed the whole manner by which the citizens do enter into the publike authoritie I thinke it worthy to be marked that our ancestors did deeme it a thing of great moment for the maintenance of the citizens in vnitie and loue if they did often meet and assemble together Therefore as wel by lawes as by prescription of time it is an ancient custome that this The great coūcel assembled euery eight day great counsaile should be assembled euery eight day sometimes oftner The especiall office of which is to create all the magistrates aswell those that administer iustice in the cittie and inioy other offices in the commonwealth as the senate the tenne the Pretors the Captaines and treasurers of castles and Citties which are vnder the fellowship of the Venetian empire as also the gouernors of sortresses the General of their nauie their ambassadors captaines of their gallies and finally to conclude all in a word all those whosoeuer abroad or at home haue charge vnder the commonwealth Likewise all such lawes as pertain to the constitution of the cōmonwealth are enacted by the authority of this councell which is especially vsed to be done when the Duke is dead there being no new successor as yet created But this shal be spoken of more hereafter Now we wil expresse the whole manner of creating The order of the Session house magistrates Euery holliday in manner about noone this great councell is assembled into a great and spacious Ten very long benches in the hall where the great councell is kept hall which we will call the Session house There are in the same ten exceeding long benches equalling in manner the length of the hall the cittizens sit downe euery one when they come where it pleaseth them for there is no place appointed to any except to some Magistrates of chiefe authority as the Duke the Counsellors the three presidents of the fortie which sit on a higher seate onely haue authoritie to make report ouer to the great Councell After these the Aduocatory magistrates and the three heads of the tenne sit downe in their appointed places in the midst of certaine benches that are also somewhat higher then the rest are close adioyning to the wall of the hall at length very farre from the Duke are the seates of the olde and new auditors of whom we will speake more hereafter But the rest of the citizens as I said sit downe without any place appointed where it pleaseth them Then at an appointed houre the dores of the Session house are shut fast the keyes brought to the Tribunal of the prince there laid at his feete Then the chiefe Chauncellor which though it be not an honor of the nobilitie yet it is of very great dignity standeth vp from a high eminent place declareth what roomes and offices are vacant then to be prouided for which being pronounced he passeth straight from that place to the Tribunal of the Prince and there with a loude voyce citeth the Magistrates being Presidentes of the sessions as is saide before that they should come to the Prince or to the Counsellors if the prince be away They being summoned do presently come and there with oth do promise to do their vttermost diligence that the lawes may be obserued and that they will not in these offices pronounce any citizen that shall any way haue violated the decrees but that they will cause such a one to be seuerely punished according to the rigor of the lawes which ceremony being ended euery one returneth to his place except one of the aduocators and one of the heades of the tenne which go to the farthest part of the hall right opposite against the princes seat there sitte downe in appointed places The other aduocators sitte downe on the right fide of the session house and the other heads of the tenne right ouer against them on the left side In like manner doe the olde and new auditors place themselues in the farthest seate of the hall which as I said is far distant from the place of the prince some on the right hand some on the left to the ende as it should seeme that by this manner seating
to plead for him neuer suffred to come into the colledge when they are to giue iudgement of him nor any friend kinseman or Lawyer for him to pleade his cause which priuiledge is granted to offendors in any other court whatsoeuer where their cause is handled The manner vsed in their iudgements is in this sort The offendor is examined of the Presidents of the colledge and his confession written then the matter is reported to the Colledge the presidents of which the other Iudges that are present do plead as well in the behalf of the accuser as of the offendor neuer determining of any great matter but with an exceeding moderation of iudgement In the beginning the charge onely of preuenting and remedying all such things as any way should offend the ciuil agreement of the commonwealth was committed to the care of the tenne But afterwardes certaine other grieuous enormous offences as making of false money sodomie and such like were also brought vnder the seuerity and censure of this sharpe and stricte manner of iudgement And in these times of ours this authority of the tenne hath yet much more enlarged his bounds for they haue power giuen them to set amercements vpon sundry offences and to punish those that shall blaspheme the name of God or of the blessed Virgine and it is likewise or dayned that whatsoeuer secrete matters that should concerne the state of the commonwealth any way that such I say should bee brought and disclosed vnto them who neuerthelesse do not determine any thing of great moment without the opinion of the Senate To the end therefore that a few citizens should not alone haue such successiue authority in so waighty affaires there are called and admitted into this colledge the Sages of the first and seconde order likewise the Fifteen senators ascribed to the colledge of the ten who are called Adiunctes Aduocators and procurers of S. Marke whose office is held in great estimation and reuerence There are besides fifteene Senators ascribed to this Colledge who are called Adiunctes but all these here rehearsed haue not the priuiledge of suffrage but onely the seuenteen first and these fifteene Adiunctes so that the whole number of those that haue authority of suffrage are two thirty The rest are depriued of this power and priuiledge though otherwise they be present at all their businesse The fifteene Adiunctes were not accustomed to be elected neyther of the Senate neyther of the sessions of the great Councell but the tenne men did of themselues make choyce of fifteene such Senators as they best liked for their assistantes and companions though now the same is altered and the fifteene are chosen by the sessions of the great Councell as the other magistrates are That there hath great vtilitie redounded to the commonwealth of Venice through this councell Colledge of tenne experience it selfe hath made most manifest plaine For two hundred ten yeares since Marino Phalerio that then was Duke hauing turned all his thoughtes to tiranny and vsurpation was likely to haue giuen a great deadly blow to the liberty Marino Phalerio Duke of Venice publikely beheaded of our commonwealth if by the graue authority wisedome of the tenne he had not beene oppressed put downe and receiued the rewarde of his impiety wickednesse for by their iudgement and sentence hee had his head publiquely stricken off and with him sundry other citizens of great nobility that together with him had conspired the ruine of their countries libertie and besides his memory was deliuered to posterity with an eternall blot of dishonour and infamy For in those places where the pictures of our princes are curiously set forth and painted with Epitaphes and remembraunces of those vertuous deedes which they haue done in the behalfe and seruice of their countrey the seate of Marino Phalerio is left bare without any picture at all saue onely a few verses signifying vnto the reader that this Duke was for his offences because I will not vary the wordes as they stand written stricken with the axe a conspiracie without doubt of passing wickednesse and exceeding daunger in apparance not vnlikely to haue wrought the vtter ouerthrow of the commonwealth if by the authority of the colledge of ten the same had not beene presently extinguished Likewise sundry other citizens that being tickled with this rumor of ambition had published certaine plausible lawes to draw vnto them the good willes of the people were ouertaken by the authority of this colledge presently cut off whereby it is come to passe that through the power of this Colledge alwaies assisted by the goodnesse of God no such pernicious infection hath as yet beene able to eate into our commonwealth Thus the principal partes of our commonwealthes are by vs already expressed but now to the end that our vndertaken work may be in euery part perfect and accomplished we will speake somewhat of the remaining magistrates as well those to whose handes is committed the administration of iustice as those that haue the handling ordering of the publike rents and withall of the manner of gouerning those cities that are vnder the Venetian commonwealth as also of their captaines nauies armies both by sea and by land Lastly I will make mention of certaine statutes ordinances by which the danger of the common peoples mislike in that they also haue not part in gouerning the commonwealth is cleerly auoided with their great satisfaction and contentment I will likewise shew that the training and exercising the youthes to the exercises of warre is not in the Citie neglected as some suppose But before I proceed farther to these particular demonstrations I thinke it not beside the purpose to aduertise the reader that in this manner of the Senates consultation of which I haue spoken and likewise in that of the Colledge of Tenne there doth plainely appeare a certain mixture of the lawes of a popular state with the gouernment of a nobilitie For whereas the senate cannot deliberate of any thing if first report therof be not made vnto them of the Sages therein appeareth a state of nobilitie but that the Sages haue not any power vnlesse they consult with the Senate and haue by authority thereof their opinions confirmed tasteth altogether of a popular gouernment so that this iust mixture temperature which maketh the perfect measures and meanes of gouernment to be vnited in the true forme and shape of a commonwealth is founde not onely in the whole body together but also in euery parte and particular member of this our commonwealth But returning whence I digressed I will first of all handle that part which pertayneth and belongeth vnto Iustice All right iustice therfore which is wont to be administred of magistrates is diuided into two parts for eyther it consisteth in the punishmentes of lewde wicked men that shall in any notable sorte trespasse impiously against God and traiterously against their
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
offence or the condition of the offendor Now the time Two sorts of inferior magistrates requireth that we should briefly speake of some inferior magistrates that haue authority to punish offences of lesse qualitie and moment eyther in regarde of the meanes of the faulte it selfe or the slender regard quality of the person that commiteth the same These also are of two sortes the one hath power of life and death the other not their authority stretching no farther then to the punishment of Rogues and Harlots whome they cause to bee imprisoned or whipt with rods euery of them according to the proportion of their committed lewdnes The first magistrate also that hath power to giue sentence of life and death is likewise deuided into two sortes For the selfe same Iudges doe not search out and examine and call to tryall the offendor but the first being the heades of the officers by night doe throughly examine the cause of Officers of night the offender and register vp in writing the deposition of the witnesses whatsoeuer else the party hath confessed eyther of his owne accord or els by the constraint of torture and then finally represent the whole to the iudges of the Properties This Magistrate differeth Iudges of the properties much from the former and giueth sentence of death when the cause in handling is capitall But if it be a lighter offence to bee punished onely with whipping or imprisonment the captaines of the officers by night do of themselues dispatch the matter without asking the aduise of the Colledge eyther for the imprisoning or torturing the offendor which authority neuer thelesse the office of the Aduocators hath not but must first acquaint the Colledge and proceede according to the decrees thereof neither is the same so ordayned without exceeding reason and foundation for that for euery small matter and the offence of euery baggage fellow the Councell should haue been mooued both the common wealthes should haue beene ouermuch troubled with many impertenent brablers and also lewd fellowes should haue had a greater scope of liuing licentiously through the hope of escaping punishmēt For greater expedition thereof of these kinds of iudgements the heads or chieftaines of the officers by night do obtaine that authority of which the Aduocators are depriued These officers of the night are six and six likewise are those meane officers that haue onely power to correct base vagabonds and tryfeling offences Those that do execute this office are called heades of the tribes of the city because out of euery tribe for the city is deuided into six tribes there is elected an officer of the night and a head of the tribe which custome also we obserue in the election of our Councellers as here before I haue expressed The duty of eyther of these officers is to keepe a watch euery other night by turn within their tribes and now the one and then the other to make rounds about his quarter till the dawning of the day being alwayes guarded and attended on with weaponed officers and serieants and to see that there be not any disorder done in the darkenes of the night which alwaies imboldneth men ill disposed to naughtinesse and that there be not any houses broken vp nor theeues nor rogueslurking in corners with intent to do violence At the first beginning of the city eyther of these offices was of great estimation but since new Magistrates being added according to the chaunge of the times and the occasion of the common wealth the same is much diminished and of lesser respect for the chiefe authority being transferred ouer to the new officers there remaineth onely in their courtes the decision of base and baggage matters as the suddes or lees of the rest Hetherto there is inough saide of those Magistrates that do determine Capitall causes In the next volume we will speake of ciuile Iudgementes The end of the third booke The fourth Booke of the Magistrates and commonwealth of Venice IT hath beene alwaies a perpetuall continuing custome in the commō The whole high and chief authority of all thinges belonging to the Councels and not to any particular magistrates wealth of Venice that no magistrate whatsoeuer should haue in matters of waight and importance high chief authority but that the same shoulde wholy belong to the colledge or rather vsing the common manner of speech to the Councels insomuch that in ciuile causes such as In ciuile causes the party preiudiced may after iudgement giuen appeale to the Auditors and to the Colledge of the Forty shall exceede the summe of fiue and forty crownes there is not any magistrate from whose iudgement the party may not appeale to the Auditors of the ciuile causes and to the colledge of forty of whome we haue heere aboue made mention But to the end that the whole manner of these ciuile iudgements may be made manifest and plaine wee Two sorts of Auditors the olde and the new will begin with the Auditors which are of two sortes that is to say the olde and the new the olde doe deriue their name from the antiquitie of their office The old Auditors more ancient then the new and being much more ancient then that of the new which was altogether vnknowne in this common-wealth till the same beganne to haue Dominion ouer the maine Lande many ages after the building of the City These olde Auditors haue in manner the same authority in determination of ciuile causes after they are debated of iudged by the ciuile iudges as the aduocators haue in all such matters as any way they shall thinke to be offensiue to the lawes I meane in receauing of appeales or making of report ouer When therefore by the ciuile Iudges there is any sentence giuen against any man it is lawfull for him who receiueth preiudice thereby to appeale from their indgement to the Auditors the cause then being brought into their court and of eyther side pleaded debated of those betweene whome the controuersie dependeth if the same exceed not the summe of fiftie crowns they may of their own authority so they agree all in one end and determine the same without the Colledge of the forty or if they disagree in opinion then one of them hath authority to make report ouer Three Iudges that haue authoritie to iudge and determine on thinges that are found to a very small Colledge where the company of eyther Auditors do note and likewise three other Iudges that vsually do sit vpon thinges that are founde and there these lesser affaires are absolutely determined But if the whole cause did amount aboue the rate of the foresaid summe before our time the matter coulde not haue beene brought into the Colledge of the Forty vnlesse someone of the Auditors had interposed himselfe and made reporte of the sentence so giuen by the Iudges vnto the forty But in this time of ours there is a Law made whereby liberty is graunted vnto
New col ledge of the forty ciuile iudges ordayned and likewise the New Colledge of the forty into whose courtes are brought the appeales from the indgementes of such forrayne magistrates as haue gouernment abroade where being throughly handled and discussed they are finally ended and concluded The manner and forme of proceeding in this colledge is such in all points as before I told you is obserued of the olde Auditors and the councell of the forty ciuill The councel of fortie for causes onely within the citie Iudges concerning causes within the cittie onely this is added to the authoritie of the new Auditors that in any matter brought vnto them by appeale so the same exceed not the summe of fortie crownes they may ouerrule the former iudgement or abrogate it or allow it eyther in whole or in part as shal seeme best vnto them prouided that they do all agree in one opinion which The causes of strangers sooner dispatched then those of the citizens course was thought fit to be ordayned to the end that forrayners and strangers of whome according to the preceptes of many great Philosophers there is especiall regarde to bee had should not be molested and lingred off with long delayes but quickly come to an ende of their suites This priuiledge the olde Auditors haue not for they of necessity must eyther wholly allow the iudgement or els vtterly cancell and make voide the same and whereas the new as I said may leauing the rest meddle onely with parte of the cause they must either embrace the whole entire cause or els vtterly leaue it vnmedled withall So that by this means thesuites of strangers are sooner ended determined then the causes of the citizens though through the suttelty of Aduocates and Lawyers who leaue nothing vnattempted how farre soeuer the same be from right processes and suites are sundry times drawen out to an infinite length as in all places it is vsuall where iudgementes are not rashly pronounced but leasurely and considerately at appointed times Now in a manner haue we expressed the whole form which is vsually obserued in iudgements it remaineth that we briefly speak somwhat of those magistrates who first of all do giue sentence in causes of the Citie Sixe seuerall kindes of Iudges from whom the appeales prouocations are brought to the old Auditors and to the councell of the fortie of these Iudges there are six seueral courts diuided according to the qualitie of the causes and of the persons For eyther the suites are about marchandise or matters pertayning thereunto or about houses or groundes that are within the Lakes or about possessions and landes that are on the Continent or els about other contractes or bargaines as for the persons that contend they are eyther citizens or strangers or one with another strangers and citizens together or the controuersie is betweene orphelins or els moued at the suit of the widdowes for the recouery of their dower after the death of their husbands Lest therefore there might fall out a confusion among iudgements of so different kindes to the end that the one should not bee a disturbance or hinderance to the other there were appointed seuerall Courtes of iudgement in so much that as farre forth as possible it might bee euery one according to the quality of his businesse might know the proper and peculiar Iudge of his controuersie for Iudges of the properties whatsoeuer differences arise about houses groundes or leases situated or lying within the boundes of Venice that is being within the lakes are all determined by those that are called Iudges of the properties to whose Courtes also widdowes haue recourse in demandes of their dower after the death of their husbandes This name and appellation of properties was first giuen them because our auncestors did take those thinges to be properly their owne which were seated within the Lakes as not being easie to bee transferred to the dominion of other maysters as for such goods as they had vpon the Continent whether they were landes or houses in regarde that they lay open to violence and might in dispight of their maysters suffer rapine and spoyle they called by the name of moueables if then the controuersie arise concerning any possession vpon the maine landes for redresse thereof recourse is to be had to the Iudges of the Procurators Iudges of the procurators vnder whome the matters of Orphelins that are yet vnder gardians are handled for among the Venetians both gardians and tutors were wont to be called Procurators If the contention and strife do any way concerne Merchantes or matter of merchandise then for the decision of those causes are there certaine peculiar Iudges or Consuls of the merchants Iudges called properly Iudges or Consuls of the marchantes These doe in their Iudgements vse a speedier dispatch then any other of the ciuill magistrates which was so ordayned to the ende that marchantes whose affaires might otherwise receyue great detriment and hinderance with lingering and delayes might not bee deluded or entertayned with long expectation of their Iudges of strangers right But if the question bee betweene straungers or that if any citizen will sue a stranger that commeth to lodge in Venice for some fewe dayes those Iudges must then bee repayred vnto that are appoynted to heare the causes of straungers and haue thereof their proper nomination and tytle But all other causes of sales bargaines or contractes by which any citizen pretendeth eyther breach of couenant or duenesse Iudges of requestes of debt are referred to the Iudges of requestes who serue in steade of the Mayor or Pretor of the Citie There are besides certaine small thinges whose iudgement Iudges of the moueables and determination is committed to certaine officers that are called Iudges of the moueables Likewise there is another kinde of magistrate whose office is if any thing happen to bee founde that had layne long hidden or els beene lately lost to iudge and determine Iudges of things that are found whether the same ought to belong to the commō treasure or to any priuate man or els to him whose chaunce it is to find it all things of the like kind and nature being vnder the compasse of his authoritie and iudgement Hauing expressed the seuerall kinds and manners of Magistrates that haue charge of common treasure iudgements we wil now passe ouer to those magistrates that haue charge ouer the common chamber or treasurie and the receipt employment of the publike reuenew These perchance may seeme to some body more in number then is conuenient and that a few might as sufficiently discharge the whole businesse pertaining to the treasure but here they must marke that our fathers omitted no kinde of heedfulnesse to preuent all fraude deceipt in the administration of their publike treasure supposing the same to bee the very fountayne whence the other parts of the commonwealth receiue their nouriture and sustenance and
not omit anything that might tend to the common benefite and good of their Countrie The end of the fourth booke The Fift Booke of the Magistrates and commonwealth of Venice SEing that the whole forme and order of the gouernment of our common wealth is in manner of vs already expressed and the office and order of the magistrates within the Cittie I thinke I shall not doe a thing vnpleasing or vnfitte for the matter I haue in hand if I speake somewhat of The gouernment abroade the magistrates abroad The gouernment of the watâ—es those I meane that haue rule and authority in such citties as are vnder the subiection of the state of Venice then of our militare charges The offices of the citizens that are not nobly born gouernments and lastly of the offices of the other cittizens that are not within the order of nobilitie which being declared and made manifest I may and that as I trust without reprehension conueniently and with the conclusion and shutting vp of this worke The manner vsed by the Venetians in gouerning such Cities as are vnder their subiection Ouer the nobler Citties of the state there are appointed foure magistrates one onely Gouernour doth iustice to all determining and sentencing all causes aswell ciuile as criminall This Gouernour hath alwaies sitting with him in iudgement men skilfull in the lawes whose counsell he vseth though the whole authoritie rest in himselfe Besides him there is a Captain generall commander ouer the souldiers of that territory aswell those that are in garrison in the citties as those that are encamped or lodged abroade in the countrie ouer them hath the Gouernour no charge at all but onely the Captaine generall besides the care of the Castell the walles and the Gates are committed to the Captaine likewise of the rentes and tributes aswell of the citie as of the whole countrie belonging vnto it besides these there is a Treasurer or two that administreth payeth and recouerth the publike money and keepeth the bookes and register of the publike accountes but he doeth not any thing without the commandement of the Captaine and sometimes both of the Captain and the Gouernour which manner of administration seemed much more fit then if both the authority and the handling of the money should haue beene committed to one of them alone whereby the publike treasure might much more easily haue beene embezeled and mispent but the money that remaineth ouerplus aboue the charges of the Prouince is carried to Venice and deliuered to the Treasurers of the Citie to whose office as I saide before the publike money is brought from all partes The fourth magistrate of authority in euery principall Cittie is the Liuetenant of the Castles in some places there is but one and in some more they command ouer those souldiers that are in garrison of the Castles and haue the charge of such weapons victuall artillery and munition as are within the Castle yet the Lieutenant hath not so absolute authority within the Castle but that he is alwaies subiect to the commandement of the captaine generall to whose authority and power all things of that kinde are wholy attributed but in lesser citties or townes there is no captaine generall all thinges being there vnder commandement of the Gouernour Likewise in such townes as are within the precinctes of greater citties the Gouernour onely administreth right to the townsmen and no other magistrate though the Treasurers captains haue also authority throughout the whole Territory of the chiefe Citties from all these Gouernours appeale may be brought to the new Auditors sometimes also the Aduocators were wont to sit with the Gouernours vpon sentences of life and death but because thereby iudgements were oftentimes delayde and lewd persons in the meane time not punished there was a lawe made by the colledge of the ten that the Aduocators should not haue any farther authority in such iudgements as were giuen by the gouernour but that he should onely vse the aduise of such Doctors of law as before I said were to sit with him in iudgement And this in my opinion already saide may suffice concerning the magistrates by whome our commoÌ„ wealth is gonerned both abroade and at home But seeing there is aswell a reckoning to bee made of managing warres as of maintaining peace which whosoeuer wholy do reiect cannot as Plato sayth in his Polytiques long defend and maintaine themselues in freedome and libertie But those that haue left vnto their posterity the true directions of a commonwealth commended the vse of both to the end that in times of warre they should not bee vnfit for the exercises thereof and that in peace they might liue in honest exercises vnder the lawes and statutes of their Country so that alwaies the vertue and exercises of warre haue a reference to the studyes of peace as being of the two the most excellent and desirable for such is the verie force working and operation of nature it selfe in euery thing that first it should couet and seeke that which is to it selfe conueuient and then resist and defend themselues from that which is contrarie thereunto which in all liuing creatures that are created with any perfection of nature is easie to bee discerned for there is none of them which wanteth a desire leading him to that which to his nature is most agreeable and likewise there is adioyned to the same a force and abilitie to be angrie which Plato placeth in the heart to the end that through the stirring therof euery creature might be prone to resist and repell that which is to his nature noysome and contrarie the first seedes then of eyther of these partes being by nature placed in the mindes of men as being of all other creatures the most perfect ought of ciuile men to be embraced that they may bring forth the fruites of eyther effect that is both of warre and peace which course was not neglected of our ancesters howsoeuer to some it seeme otherwise for though the citty being builded in the sea and at the first for many years careles of extending their dominion and rule ouer the continent did not apply themselues to land wars yet did they with maruelous glory of successe bend themselues to warres by sea atchiuing therewith many notable exploits aswell in defence of their owne liberty as in reuenge of iniuries done theÌ„ by their enemies and many great and glorious deeds of the Venetians do yet remaine in ancient recorde many triumphes and victories wrested by sea from fierce and puissant nations whereby it is easie to coniecture of the mightinesse of the Venetians by sea in forepassed times but in the end yeelding to the instaÌ„t petition of the oppressed bordering people who could not endure the rapines and cruelties of seuerall tyrants that had brought them into subiection they sent forces into the mayneland and expelling the tyrants did with an infinite applause and willingnes of the people receiue all
of the place hauing their children borne brought vp there they resolued there perpetually to remaine there are in Venice 72. as they cal them Parochiae that are equall in manner vnto Bishoprickes ouer which are elected graue and reuerent pastors chosen out of that quarter and particion of the city wherein their churches stand these churches haue great goodly rents belonging vnto them are exceedingly adorned with Organs images instruments and all other magnificent ornamentes The Arsenall is in compasse without the wals 3. miles about resembleth in it self a little world hauing within it such varietie ofseuerall handicrafts and trades that it is in manner vnpossible for any to comprehend them in his minde that hath not seene them with his eyes insomuch that the marquesse of Guasto who was generall The Marques of Guasto his speech touching the Arsenal vnder the Emperour Charles the 5. in Italy hauing gon vp and downe in it from morning to night at his comming forth sware that he had rather be Lord of the Arsenall then of 4 of the best citties of Italy all manner of armes weapons artillerie sayles powder anchors tacklinges and whatsoeuer else to be imagined pertaining to the war and the Galleis themselues are not onely kept and preserued within the Arsenall but also wrought and framed there do dayly worke within it 1580. men who haue all wages according to their decrees who when they are so old that they can worke no longer are there also entertained so long as they liue The prince being dead his bowels are taken out and his body embawmed after which hee is kept three dayes openly in the hall attended on with Senators as you heard before his herse being couered ouer with cloth of gold and his sword and his spurres of gold lying athwart vpon him then in carrying him to his buryall the fraternities of the towne are assembled the seuerall companies of the chanons and clergie with an innumerable number of torches many of which are carried by the Iesuites in middle of which followeth the beere whereon the body of the prince reposeth in such sort as you hearde next after followeth the officers and chiefe seruantes of the princes family all apparrelled in blacke with great hoodes ouer their heads and drawing a long traine after them representing a maruelous shew of mourning and sorrow then next after follow the Senators all in skarlet and graine signifying the citty to be free therefore ought not to mourn at the death of any prince how vertuous soeuer With this pomp they passe on to the place of S. Marke where ioyning with the beere to the great dore of the church they lift it vp nine times as in taking perpetuall leaue thereof and thence go vnto the church of S. Giouani Paulo where for the most part the Dukes lie buried and there reposing the bodie vpon a high place of estate brightned with a number of flaming torches round about the Signeurie sitteth downe and there in the pulpit is made a solemne funeral oration in commendation and honour of the dead prince The funenerall being ended the Senators returne to the pallace and presently proceed to the choice of a new Duke There are certaine officers of which Contareno speaketh nothing at all or els very sparingly and some that haue been instituted since his time of all which I think it not necessarie briefly to say somewhat for the better satisfaction of the reader and first of those whom they call Cathaueri These are Iudges of the confiscations and exactors of the publique duties they were created in the yeare 1280. They succeed in the goods of those that die intestate if they haue no lawfull heires They gather in those penalties as are by the other Iudges inflicted vpon offendors They are Iudges ouer the officers of shipping They make publike sales in name of the commune they are Iudges of such thinges as are founde at sea or treasures that are found at land They heare such differences as do arise between pilgrims that go to the holy land and the matters of the ships wherein they go the names of the pilgrims are registred in their office and they are newly put in authoritie about the determination of such causes as concerne the inhabitants of Cipres Sopra Castaldi There are other called Sopracastaldi whose office is to serue executions vpon iudgement so that they are called Iudges of executions They haue the selling of such goods as are attached by executions haue the hearing of all such differences as do arise about such attachments executions contradictions c. They are euery morning at S. Markes they haue also place in the Rialto They were instituted in the yeare 1471. Because there might errour be committed in the execution of iudgements it was ordayned that the prince should heare the appeales from the executions of the former officer but because his person was to be busied about greater affaires there were certaine Superiors ordayned that might censure the doings of the Sopracastaldi And because they might also sometimes erre in their deliberations it was likewise ordayned that from them also might the partie agreeued appeale to the Aduocators They were created in the yeare 1485. Signeore all aque There are certaine officers ouer the water called Signore all aque They haue charge of such things as appertayne to the Lakes to the cleansing of the channels Sig alla Sanita Mountbanks are certaine that shew their drugs in the market places vaunting of great cures they haue done with long tales persuading the people to buy their ware and those boats that are vpon the great channell are vnder their authoritie Besides those other things mencioned in the former treatise that belongeth to the office of the healthmaisters they haue authority to giue licence to phisicions to practise and to Mountebanks Chiarlatanes to go vp and downe the countrey and to preach in the markets to them also is brought the register containing the number of all publike women within the towne Finally so great is their authoritie that in time of sicknes they haue power to punish with death Doana de Mare are officers of the custome who are to looke to such marchandise as is brought in by the common gallies and ships and not to suffer any thinges to passe till all duties and custome be discharged Signori della Pace There are also fiue peacemaysters who are to iudge between them that giue one another blows or wounds or do offer any other kind of wrong or do vse any villanie in speech their office is to appease strife and to make attonement and friendship as much as in them lieth Iustitia vecchia are certaine magistrates that haue power authority to do right vnto those that do pretend hyre wages or reward they punish those that do falsifie waightes measures or such like They put a price vpon such hearbes and fruits as are to be sold