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
are celebrated which being ended they go aborde the ship againe and returne to Venice attending on the Prince home to his house where they dyne with him The fourth and last banquette pertayneth to the young cittizens who the twelue Kalendes of Iuly on the day dedicated to the two Martyres Vitus and Modestus doe with solemne pompe wayte vpon the Prince to the Temple of those Martirs which is situate neere to the great channell that diuideth the cittie in the middest which channell is for that tyme conioyned with a bridge made vpon two galleyes least otherwise to make that iourney would cost a very long and laboursome circuit and compasse The church being visited and the solemnities in the church finished they attend vpon the prince home to his pallace where they are receiued with a royall magnificent banket There are to these bankets admitted dauncers iesters and excellent singers to recreate delight the guestes and withal certaine sports and playes are intermingled which doe moue exceeding mirth and pleasure and this ancient custome is still obserued in the common-wealth of Venice though somewhat moderated For by this means the citizens in a manner of euery degree yea equals with equalles are entertayned at the princes table which seemeth exceedingly well ordered and disposed as well for the dignity of the prince as also for nourishing maintayning loue and good will among the citizens But because euery citizen that is a gentleman cannot euery yeare receiue this grace of being inuited it is by an olde law ordained least any one should seeme to be left out that the prince should in the winter time sende to euery citizen that hath priuiledge of A strange ceremony obserued by the Duke of Venice but now the same is altered the wild ducks changed into a peece of siluer coyne voyce in the greater Councell fiue wild duckes as a portion or share of the publike banket which likewise is a great meane to the Duke of winning the loue and goodwill of the citizens In these chargeable expences doth the Duke yearely consume and spend a great part of that money which hee receiueth out of the common treasure so that though the Duke would be couetous yet cannot hee in a manner staine with any basenesse the noblenesse dignity of the place he holdeth Here because the whole power and authority of the prince is in a manner already expressed of vs it shal not be amisse to declare in what season and time the beginning was of creating a Duke in Venice and finally what is the order of the sessions in his election The beginning of creating a Duke in Venice Immediately from the first beginning of the Cittie when the noblest citizens of the Venetian prouince their greatest citties as Aquileia Altina Concordia Vderzo Padoua and many other of great opulencie and richesse being ruinated by the Hunnes vnder the conduct of Attyla their Captaine who filled Italy with fire and blood did assemble themselues in those flattes of the Adriatique sea where Venice since was builded euery one of them had chosen for his mansion those places which were nearest to the country which hee had abandoned it came to passe that there were by them built about two and twentie townes partly vpon that shore or bank which encloseth the inner lakes partly vppon certaine hillockes which appeared out aboue the lakes But in the beginning when those townes were neither of themselues sufficiently fortified and fenced neither euery of them so furnished with shipping that it was able to resist the incursions of theeues and pirates they thought it meete seeing their fortunes were all alike to gouerne their matters by a common councell as well for the prouision of corne wine fruites and other necessaries as also the securitie of their persons and families thereby to auoide the daunger of pyrates and rouers to which in regarde of their weake scattered vnfortified townes they lay in a manner open Therefore when firsteuery towne had chosen from out his other citizens a chiefe and sufficient man calling him by Euery towne did chuse a Tribune the name or title of Tribune they generally altogether ordained that vpon certain appointed daies these Tribunes should meete and consult together the common businesse but finding in the end an inconuenience in the varietie of so many opinions and authorities and suffring withal many incommodities they thought nothing would doe better then to lay the whole charge of the generall and common affaires vppon some one particular man whom all the rest should acknowledge as their prince and ruler It was therefore by generall consent of the xxij townes concluded and agreed that The princes seate assigned him in the towne of Heraclea there should one Duke or Prince be chosen his seate assigned him at the beginning in the towne of Heraclea situated on the inner side of the lakes in a certaine Ilande neere to the mouth of the riuer Piaue which in our time by inundation of the flouds is now ioyned to the firme lands But afterwards this place seeming vnfit because it was farre off so that many times afore the prince could haue aduertisement the Pyrates had already entred the lakes oppressed at vnwares the inhabitants spoiled their shipping Therefore they thought The princes seat transposed to Malamoco it better that the prince leauing Heraclea shoulde plant his seat in Malamoco a towne seated vpon the midst of the banke whence the Duke might easily soon haue inckling of any whatsoeuer attempt of the Pyrates and Pipin inuaded Italy with small adoo bee at hand wheresoeuer his presence The princes seat lastly reduced to Venice should be requisit But at length when Pipin euen in those very beginnings of the Venetian citie threatned seruitude slaughter they abandoning in a maner the rest of the townes they came altogether to Rialta thither also was the seate of the prince translated by which meanes Venice in time encreased and grew into that greatnesse in which we now do see it so that by a perpetuall continuing custome euen from the beginning there alwayes was a prince and gouernour of the Venetian commonwealth At first for a while their authority was greater but afterwardes being by vse of time and experience taught they began with holesome statutes and lawes to abridge his power bringing it by degrees into this temperature in which wee now doe see it The manner of choosing the Duke of Venice The manner of chusing a successor to the deceased Duke was at the first altogether simple and without ceremony for our auncestors being men of great soundnesse and integritie free from all ambition did euery one in his particular draw backe from accepting a matter of so great a charge so that by a generall crie acclamation of the people he was proclaimed prince that was reputed to be the honestest wisest man But after those times the Citie and people
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
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
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
treasure to two young men of the nobilitie in euery armed galley onely thereby to breed in them a skilfulnesse in matters pertayning to the sea for the better attayning to the which there are ordinarily certaine offices assigned vnto them in the exercise of which they do both profit themselues and become better enabled to the discharge of greater matters But to euery of the greater gallies there are These as I suppose are those which they call Galleasses commonly assigned eight young men of the nobilitie with a yearely great allowance and stipend eyther out of the common or priuate mens treasure accordingly as those Gallies are destinated eyther to the warres or marchandise and this to no other end but onely to accustome them to sea seruices it is also ordayned by a law hauing principall relation to the common vtilitie that euery priuate merchant shall in the ship wherewith he trafiqueth allow a yearly pensiō to one or two yong gentlemen according to the burthen and abilitie of his ship To which young men is also granted a liberty priuiledge that they may within the galleyes of burthen or shippes of priuate men to which they are assigned carrie a certaine quantity of marchandise without paying for the lading thereof any custome or tolle if they haue not or will not carry any themselues they may sel and passe ouer their right to do the same to any other that they shall thinke good wherein there was not onely a regard had to the exercise of the youth but also to the pouerty of many of the meaner citizens that are in any sorte distressed so that any man may easily perceyue that the institution of our youth to warlike exercises was not as some do suppose neglected of our auncestors but that there were two hundred yong men of the nobilitie at least trayned vp in these shippes and Gallies at other mens charges and besides there was not any of the gentlemen but that was eyther brought vp to learning or els to this seafaring and maritime discipline benefiting thereby not onely their country but also sundry times exceedingly increasing their wealths and substance These ancient lawes and goodly institutions do still continue euen till this time of ours though sundry young men being since the increase of our dominion corrupted eyther with ambition or ryot haue neglected their countrie customes and withall the number of citizens is so increased that through these late afflictions of the warre and the many charges growing vpon them there are many more fallen into pouertie then by the benefite of this law may bee sufficiently relieued for such is in all worldly thinges the course of nature that nothing may bee among men perpetuall But all thinges howsoeuer they seeme at the first perfectly and well ordained yet in course of time nature still slyding to the worse they had neede to be mended and renewed euen as a mans bodie satisfied with his dinners appetite will not yet maintaine his health vnlesse it be seconded with a supper so in euery thing there must be a reliefe and reparation added to the wearing and alwaies downe declining course of nature of which remedy herein also if it please God we wil haue regard so that there may not any necessary prouision be wanting in this commonwealth of ours But hitherto of these thinges now we will speake of those officers and magistrates that haue charge at sea ouer our shippes and nauies This Captain they call Sopracomit◠Euery Galley being furnished and in order for the warres hath for Captaine thereof a Gentleman of the state who hath power and authoritie ouer all that are in the Galley saue onely that hee cannot punish with death euen as in land warres a captayne or a Coronell hath authoritie ouer those that are vnder their companies or regiments so hath this Captayne of the Galley ouer the mariners and all thinges that are in the Galley or tending to the prouision thereof Gallies set forth by the Venetians to cleere the sea from pyrates The Venetians do yearely arme forth certain Gallies though there bee not any other necessitie yet to make the sea safe and secure from pyrates and to defend from their oppression honest merchantes that crosse the seas about their businesse without doing wrong to any man Besides these Captains of the Galleyes there is a Legate The Legate or lieuetenant of the nauie ouer the whole nauie who hath full and whole authoritie ouer the same and ouer the particular Captaines of euery Galley He as a Lieutenant generall of the armie if the Captayne generall bee not present hath power of life and death and authoritie to direct the nauie whether it shall please him This magistrate is commonly created in time of peace and hath in his handes the charge of the Gallies of war but if the occasions of the commonwealth doe so require and that there be a great nauie indeede to bee set out then there is appointed preposed ouer the whole nauie a Captaine generall with high and preheminent A Captain generall ouer the nauy in manner like vnto the Romain Dictator authoritie not onely ouer the same but also ouer all maritime prouinces in manner as great as that the Romain Dictator was wont to haue saue onely that this in all things obeyeth the authority of the Senate and the decrees of the commonwealth Neuertheles his power is singularly great as wel ouer the nauy Legates captains and Lieuetenants of the same as also ouer all gouernors and magistrates that haue gouernment or superintendence in any of the Islandes or maritime places in so much that when the Captaine generall of the nauie shall come to any Citie the cleargie is presently to meete him with solemnitie and the keyes of the gates and castels are to be deliuered vnto him The authoritie of all the other gouernors for that time ceaseth and whosoeuer in whatsoeuer cause may appeale from any other magistrate to the Captaine generall who onely if it shall so please him may administer iustice dispose of the publike money and alone himselfe exercise the office and authority of all the rest There is among the Venetians no magistrate of higher power and therefore hee but seldome and vpon most vrgent occasions created for not rashly but vpon most waighty groūded consideration is this mighty dignitie inuesting a priuate citizen with so great and absolute an authority committed to any one No General or Captaine may returne into Venice with armed hand Heere that law is not to be omitted by which it was ordayned that no Generall Legate or Captaine of a nauie may enter into the citie of Venice with his armed Gallies no not vpon his returne homewarde but presently vpon his arriuall at Histria which prouince is a hundred miles distant from Venice hee is to deliuer vnto the mariners their stipend and pay and there to dismisse them and thence the Gallies are wont to bee brought vnto
so wise and vertuous and of such stedfast constancic that no perturbation were able to make his mind recoile from his duetie yet neither on this condition were the rule of man to be wished for before the gouernment of lawes for he being of a mortall fraile nature could not long enioy that function when lawes as I said do in a manner concurre with eternitie By these I thinke it sufficiently persuaded that the souerainty of gouernment should be recommended not to men but to lawes to whose will yet some few thinges may be permitted that are not well in lawes to bee comprehended neuerthelesse it is necessary that there bee A Gardian of the lawes made a certaine Gardian as Liestenant and minister of the laws who may gouerne the commonwealth according to the rule of the lawes And because all those thinges that come into iudgement cannot be comprehended in lawes that he then be an arbiter ruler of those matters that are in question now againe returneth that controuersie of constitution of lawes which Whether a few or the whole multitude be to bee preferred to the defence of of the lawes to some might seeme already decided that is to say whether one or a few or the whole multitude be to be preferred to the defence of the lawes to iudge those things that do not fal into the comprehension of lawes And though in the opinion of many men the kingly domination is of highest esteeme and greatest account neuerthelesse I shoulde thinke that though the principalitie of one alone that should lawfully and by right challenge to himselfe the dignity of a king if the matter be by it selfe considered shoulde seeme of all other the best yet in regarde of the breuitie of life and mans fraile disposition which for the most parte enclineth to the worser parte the gouernment of the multitude is farre more conuenient to the assemblie of citizens which experience the mistresse of all thinges doth elegantly teach vs because that wee haue not read that there was among auncientes any souerainty of a king neyther haue wee in our time seene any that had not soone declyned into tiranny on the contrary side many commonwealthes that haue continued prosperously many ages and flourished both in peace and warre yet is the whole multitude of it selfe vnapt to gouerne vnlesse the same be in some sort combined together for No ciuil society can remain perfect vnlesse the same be in a vnity contained there cannot bee a multitude without the same bee in some vnitie contayned so that the ciuill society which consisteth in a certaine vnity will bee dissolued if the multitude become not one by some meane of reason so that the best philosophers and those that haue learnedlyest written of the ordering of a commonwealth iudged that in the gouernment therof there should be a temperature betweene the state of nobility popular sort to the ende that the inconueniences of either gouernmental one might be auoided and the commodities of both ioyntly inioyed for which cause they doe highly The common-wealth of the Lacedemonians gouerned by the king the Ephores the Senate The same wholly instituted to the offices exercises of war commend the commonwealth of the Lacedemonians in which the kings the Ephores the senates made a certain mixture so that it is hard to decipher vnder what sort of gouernment the same can be placed onely this they reprehend that it was onely instituted to the offices of war without any regard of the offices of peace quietnesse wherby it came to passe that the same being glorious and renowned in many excellent vertues so soon as euer it began to liue at quiet presently declined at length vtterly fell to ruine which also and for the same cause befell the Romaines neyther was the euent thereof vnforeseene of sundry of the chiefe Senators The cause of the ruine of the Lacedemonian Romane commonwealth among the which Nasica was of opinion that Carthage though enuious of the Romane greatnesse and as it were in competencie withall ought not to haue beene ruined to the end that Rome might still haue an enemie with whom to occupie it selfe in armes lest their enemie and corriuall being taken away the common-wealth being instituted to warre and the youth nourished in armes they shoulde turne their weapons vpon themselues which counsell of Nasica though it was then refused of the Senates and the contrary decreed neuertheles the euēt proued the same to haue bin most wise prudent for Carthage being destroyed presently in a manner they burst out into ciuill warres through which at length the same being the most flourishing mighty commonwealth that euer was fel downe to the ground and that Citie abounding in such opulency as being in manner Queene of the worlde became a pray to the barbarous But to come now at length to our determined taske it appeareth that our auncestors which instituted the commonwealth of Venice were men indued with admirable wisedome and vertue in that they omitted nothing which might seeme to pertaine to the right institution of a commonwealth for first they ordayned the whole life and exercise of their citizens to the vse and office of vertue and alwaies with greater regard and reckoning applyed their minds to the maintenance of peace then to glorie of warres The Venetians applyed their minds more to the maintenance of peace then to the glory of wars bending alwaies their chiefest care and studie to the preseruation of ciuill concorde and agreement among themselues not in the mean time neglecting warlike offices such I meane as were fitte and conuenient for our Citie of which the situation is such that it serueth well and is commodious for warres by sea but vnfitte for warres by land for neyther squadrons of horsemen nor troupes of footmen can by any meanes be accomodated thereunto as by my former description thereof may easily bee coniectured Besides they vsed such a moderation and temperature and such a mixture of all estates that this onely cittie retayneth a princely soueraigntie a gouernment of the nobilitie a popular authority so that the formes of them all seeme to be equally ballanced as it were with a paire of weights as more plainely hereafter shall appeare But now finally to come to the institutiō of our Venetian commonwealth the whole authority of the city frō whose decrees and lawes aswell the senate as all other The great councell in which consifteth the whol authority of the common-wealth of Venice magistrates deriue their power and authority is in that councell into which all the gentlemen of the Citie being once past the age of 25. yeares are admitted and sundry of them not yet come to that age so that they be full twentie which priuiledge they obtaine by the benefite of lottes of which hereafter we will discourse the whole manner Now first I am to yeeld you a reckoning how and with what wisedome
endeuoureth to set forth discharge his office in the notablest maner he may whereby it seemeth exceeding necessary that the care of the publike weale should be committed to some one who being free from any priuate office might onely moderat direct the endeuors of the rest to the cōmon good vtility of all which authority to be cōmitted equally to many were very inconuenient for as Aristotle sayth that which many haue charge alike of all do in a maner alike neglect neither if ther be any thing amisse can the blame therof be imputed more to one then to another withall there neuer want most dangerous emulations among those that are alike equall in authoritie Now if one in this case should bee preferred and aduanced aboue the rest in dignitie and rule with a limitation of time and not for tear me of his life he then would imagine that he had sufficiently discharged his duety if it went well with the commonwealth during his time of gouernment carelesse altogether what should become thereof afterward so that commonly many dangerous afterclappes ensue such reckonings which by certaine and manifest experience may easily bee proued by the example of many commonwealthes that in these times of ours haue beene ruinated through such manner of gouernment This Monarchall gouernment was therefore established in this commonwealth of ours with singular wisedome and iudgement and withall the same so curbed restrained with lawes that all dangerous inconueniences whereby the commonwealth might sustain harme are thereby remoued and those commodities joyntly embrased that proceed from a kingly and royal gouernment so that there seemeth nothing to remaine which we could wish for hauing a commonwealth vnenthralled enioying a true libertie and freedome and yet neuerthelesse as it were a king for our gouernor A prince therefore is chosen who is entituled with the dignitie of a Duke retayning the gouernment of the commonwealth while the time of his life endureth and chiefly and aboue all other thinges hauing care of the common good and generall vtilitie by which as I proued before and that as I thinke with sufficient reasons cities are preserued and maintained This Duke of ours hath not any certaine priuate office alotted him yet neuertheles ther is not in the whole The dignity authority of the Duke commonwealth any thing done but he must be made acquainted therewith and haue knowledge of the same He is to containe and keep vnder in their duetie as well euery priuate man as euery particular magistrate and with such moderation to direct them that euery thing may with an excellent harmony seeme to tune to the common good ciuil vnion lest any otherwise through too much diligence or too much negligence in his office might chaunce to hinder the common profite This therefore is the office of the prince that being as it were placed in a glasse hee might behold what euery one doth especially those that are in authority of whom if he find any faulty in his office if the matter bee light hee calleth him before the whole colledge and there sharpely rebuketh him with words if his offence be of greater qualitie he causeth the same to be enquired of and examined before the aduocators and the presidents of the tenne and to be punished according to the sentence of the councell The Duke himselfe also if he will may vse the authority eyther of an Aduocator or President and make report to the councell of any offence and of any amercement or punishment that is thereupon to be inflicted wherein what manner and custome is wont to be obserued shall bee hereafter expressed when wee shall come to speake of criminall iudgements For so great is the princes authoritie that he may in whatsoeuer court adioine himselfe to the Magistrate therein being president as his colleague or companion and haue equall power with the other Presidents that he might so by this meanes be able to looke into all things Yet neuertheles so is this authoritie of his by lawes retracted that alone hee may not doe any thing neither being ioyned to the other magistrates hath he any farther power then euery other president in his office The authoritie of the magistrates being so small that no one of them how great soeuer he bee can determine of any thing of waight or moment without the opinion of the Councell But of this in his place we will speake more plainely Besides this the prince hath in euery councell equall authoritie with any of them for one suffrage or lotte Likewise in the great counsell and assembly of all the citizens while the sessions are held concerning magistrates hee hath no power to yeelde more fauour to a competitor of his kindred or parentage then to any other obseruing the same equall priuledge which the other citizens doe whereby I thinke any man may easily vnderstand that the Duke of Venice is depriued of all meanes whereby he might abuse his authoritie or become a tyrant which ancient long continued custome from the first beginnings of the citie euē to these times hath now taken such foundation and roote that there is nothing whereof the citie of Venice need stand lesse in feare thē that their prince should at any time be able to inuade their liberty or trouble their common quiet But now least euery one should refuse this dignitie requiring so great paines continuall solicitude of mind vnlesse there should thereunto bee adioyned some sweetnes or reward this limitation of authoritie is on the other side recompensed with an exterior princely honor dignitie royall appearing shew for the ornamentes of his bodie are kingly vsing alwaies purple garments or cloth of gold On his head he weareth in stead of a diadem a vaile of linnē vpon the same a hood or miter of purple garnished about with a fringe of golde the part whereof that couereth the middle or hinder parte of the head riseth vp in forme of a horne His seat is somewhat higher then the rest and in estate kingly All the citizens as well those that beare rule and office as those that are priuate men speake vnto him bareheaded and standing which in these times is a signe of exceeding honor The prince neuer riseth vp to any person All the letters of the commonwealth are sealed and go forth vnder his name What prince embassador Magistrate Captaine or whosoeuer els that writeth to the senate directeth his letters to the prince The proclamations of lawes orders decrees all are done vnder his name All their money as well gold as siluer is coyned and stamped with his name picture Finally to shorten my speech in euery thing you may see the shewe of a king but his authority in nothing which without doubt whosoeuer is wise cannot but confesse to haue beene ordained by the Venetian commonwealth with exceeding prudence and wisedome because otherwise without this rewarde of honour the office of the prince would haue been reputed as burthenous
increasing to a greater mightinesse state it seemed a thing not conuenient to the greatnes of so noble a cōmonwealth to commit to the rash wauering voice of the multitude a matter of so great waight honor and dignity It was therfore decreed that there should be chosen out 11. of the most sufficient citizens that this authority of creating the prince shold be wholy vnto thē cōmitted but afterwards as with their empire their ambitiō increased there were appointed certain seueral parliaments or sessions a kind of intricate way found out in this election of the Duke which least there should be any thing wanting in my vndertaken taske I wil briefly expresse The Duke being deade and his obsequies deuoutly and honourably solemnized the Counsellors who presently vpon the princes death during the interregne or vacancy betaking themselues to the publike pallace appointed for the princes habitation do call assemble The Dukes actions examined after his death together the great councell In that first assemblie after the Dukes decease there are according to the maner of the sessions before expressed 5. citizens created whose office is diligently to looke into to examine the actions of the deceased prince and if they found any thing done by him against the lawes and statutes then by opinion and authoritie of the councell to cancel and disanull the same If he haue receiued a bribe of any man or haue been sparing in that due and ordinary expence which belongeth to his dignitie then vpon the report of these fiue cōmissioners there is such a fine and amercement imposed vpō his heires as the lawes command the penaltie is onely money which is leuied vpon the Princes inheritance caried into the treasure house In the same session are likewise chosen fiue other citizens who immediatly vppon their election doe retire themselues into an aparted roome or conclaue adioyned to the session house out of which they doe not depart till after many matters well debated they doe at length determine whether there is any thing that in their opinion ought to be taken away or added to the princes authoritie The matter being well discussed among them the councel is called together again which being done they then come forth of the conclaue for before they may not and euery of them declareth his opinion to the Councell concerning the authority of the prince and then it being of the whole assembly together aduised on it is by suffrages decreed which shal be most for good of the commonwealth And that decree is presently registred among the lawes which the following Prince is bound to obserue The authority and power of the prince being once setled and determined the next day after is spent in that intricate kinde of sessions in which the Prince is accustomed to bee chosen No citizen allowed in those sessions which concerne the election of their prince vnder the age of 30 yeares All the citizens that are aboue thirtie yeare olde do assemble and meet together for no one vnder that age is by an auncient institution of the commonwealth admitted into that Councell or sessions then the citizens are all of them numbred and so many as they are in number so many little balles are throwen into a potte of which thirtie are golde and the rest siluer The pot is placed iust before the tribunal of the sessions where the Counsellors do stand and by the same standeth a little boy which pulleth out the lottes The citizens are called and doe come vnto the potte euery one according vnto the ranke and order in which he sitteth but no one is suffred as in their other sessions the custome is to put his hand into the potte onely the boy which standeth by draweth out for each of them his ball Those that chaunce vpon a siluer ball do presently depart forth of the sessions but hee whome fortune shal fauor with one of those that are of gold is presently in a high voice published and pronounced by the secretary and immediately goeth his waies apart into the inner roome and all his kindred and neere allies doe presently arise out of their places and all go together into one part or corner of the hall There they are numbred and so many as they are so many siluer balles are 30. chosen out of the whole multitude drawen out of the potte and giuen them vpon which without delay they depart out of the hall so that onely thirtie to whose lot the golden balles do befall are chosen and elected out of the whole assembly of citizens and that being done the councell is dismissed These 30. reduced to 9. After they are all departed those thirtie come again out of the conclaue trie once more their chaunce by lottery afore the Counsellors so that of their number onely nine whom this new lottery shall fauour are made Electors and the rest being dismissed they go againe into a closet appointed for the purpose and there are locked in alone no one no not a seruant suffred to The 9. chuse 40. speake with them nor they may not thence depart till they haue chosen fortie men of which fortie no one can of them be declared as elected and chosen vnlesse he haue first sixe balles or suffrages in his fauour so that if there bee foure of the nine contrary to him hee may not be elected So soone as they are once agreede in the choise of these fortie men they sende word thereof vnto the Counsellors by the publique guardian or Porter presently the Counsellors vnlesse the day bee very farre spent doe call and assemble the great councell which being altogether in the Court there is a list brought out of the closet wherein the names are written of the Electors and then the chiefe Secretary ascending the Tribunall doth with a high voyce pronounce the names of the fortie elected cittizens of which euery one as he heareth himselfe named doeth arise from his seate and going to the Tribunall of the Counsellors doeth there sitte downe and then goeth thence into an appointed closet or inner roome but if any one chaunce to be away he is presently enquired for by the Counsellors and the Presidentes of the fortie and sought for with great diligence throughout the cittie So soone as hee is founde out hee is immediatly by those Magistrates brought into the sessions and thence into the Conclaue to his fellowes without suffring him to speake or talke with any man by the way thereby to exclude all ambition and subornation out of the sessions which the will of our auncestors was shoulde be handled with all vprightnesse and sinceritie By this meanes the fortie designed cittizens doe come together vnawares and being come together the Councell is presently dismissed Then these fortie doe come forth agayne out of the closet into a large and open hall before the counsellors and there by the same manner of lotterie as is The 40. reduced to 12. before
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
citie answereth vpon the water which though the answere also vpon the streetes for euery one hath two entries one by water another by land yet the fayrest shew is commonly still to the water There are also sundry very faire houses whose principall front is to the streete but the narrownesse of the streetes hindereth and eclipseth the magnificence of their sight Much garbage and filthinesse falleth from the citie into the channels which is carryed away by the flowing and ebbing of the water and yet that alone would not serue the turne but that they are also continually cleansed and taken away Tâ—e ayre of Venice very healthy In times passed as Victruuius writeth the ayre of Venice by reason of the lakes was thought to be vnholsome but now they hold that the ayre of Venice Padoua is purer and more healthy then in any other parte of Italie in so much that there is not in any place to be found more lustly old men well coloured of good complexions Donatus distinguisheth the inhabitants of Venice into Three sorts degrees among the Venetians three parts viz. Plebeyans citizens Gentlemen The Plebeians he tearmeth to be those that exercise base arts vtterly vncapable of office or degree in the common-wealth the citizens to be marchantes men of a degree aboue the other capable of certaine popular offices and the gentlemen to bee those of the great councell Lords of the state c. as aboue But this distinction is particular vnto himselfe contrary to Sabellicus Contarene and the rest who onely diuide them into two Plebeians and Patritians viz. the common people and the gentlemen The first beginnings of the city were in the year 421. The beginnings of the citie the first part that was builded thereof was the church of S. Iames that is now to be seene in the Rialto In the yere 1342. Andrea Dandulo being Duke there A great plague died of the pestilence so great a multitude of people in Venice that to repeople the same againe they were faine to grant to all such as would come dwell within Venice after two yeares habitation freedome of their citie Their number of fighting men There are reckoned to be twenty thousand houses in the Citie so that according to their computation allowing out of euery family two they are able to arme fortie thousand fighting men and in former times haue done so The gentlemen of the state abrode and at home are thought to be 3000. They are absolutely Lordes of the citie and whole estate both by sea and land The children and brethren of the Duke liuing and of the Dukes that are deceased are alwayes helde in very great honour and much respected The balles which they do vse in the great councel are eyther of Copper or Tin of which some are guilted some siluered Whosoeuer is chosen Elector for any office may if he shall so thinke good name himselfe in the same and so stand to the comprobation of the suffrages as in the former treatise is mentioned When any waightie matter is to bee handled in the great councell as the establishment of a new law or the definitiue determination of any great iudgement there must of necessitie be 600. gentlemen in the hall foure Councellors or else the same may not passe Signori delle Pompe There are certaine magistrates of whom the former treatise maketh no mention called Signiori delle pompe who are diligently to looke into the reformation of apparell and moderation of excesse generally in all other expenses and finally to see all such lawes strictly obserued as are in those behalfes prouided Censors There are likewise of late instituted and created with great authoritie two Censors whose office is chiefly to represse the ambition of the gentlemen to looke with seueritie into their faultinesse There was a law lately propounded by them in the great councell and by the same with great allowance ratified and enacted that thence forward there should bee no congratulation vsed at breaking vp of the Councell with those that had obtayned offices and honours which still remayneth in vigor and force for before time euery man at the opening of the Councell woulde presse to take them by the hand that were elected for Magistrates protesting with many vowes that they were glad in their harts of the honour and aduauncement befallen them yea euen those would say so that had giuen their suffiages against them which was by the Censors iudged to bee a great abuse and vnworthy of the Venetian nobilitie being in all other things so graue honorable Vpon the death of the Duke the six high counsellors do presently enter into the pallace the eldest counsellor supplying the place of the deceased Duke and dispatching sundry things that do appertain vnto the royall office All letters that in the mean time the state sendeth forth are entituled vnder the name of the gouernors all such as are sent vnto them are so directed superscribed They neuer stirre out of the Pallace till the creation of the new Duke The great gates also of the Pallace are closed and onely a wicket left open for people to go in and out keeping there also a guarde of men the same rather for a solemnitie and auncient custome then any needfull occasion For there is in the Cittie of Venice no greater alteration at the death of their Duke then at the death of any other priuate Gentleman onely the magistrates doe not in the meane while assemble about the dispatch of affaires till the creation of the new Duke hauing no leysure by reason of their busines thereabout to attende to any thing else The Dukes funerall The body of the dead Duke being adorned with royall garments is brought into a lower hal which they cal Sala de Pioueghi where it is kept three dayes together there are twentie Gentlemen all attyred in skarlet appointed to accompany the corps into the said hall and to sit round about it which likewise they do the following dayes at the end whereof his funerall is solemnised with all requisite pompe and magnificence After the buriall of the Duke the great Councell is presently assembled and in their first sitting there are chosen fiue Correctors and three Inquisitors the office of the Inquisitors is diligently to examine the life and Their office continueth but a yeare after the Dukes death actions of the passed Duke and whether he had obserued their countrie lawes if they finde him faultie they are bound to accuse him and the penalty by him deserued lighteth alwaies vpon his heires who yet are no otherwise punished then onely by the purse they amerced the heyres of Loredanus one of their late Dukes in 1500. Crownes onelie because he had not vphelde his dignity with such maiesty and magnificence as he should haue done and yet otherwise all they acknowledge him to haue beene a very wise and well deseruing prince The
it was ordayned by our auncestors that the common people should not bee admitted into this company of citizens in whose authority consisteth the whole power of the common wealth then that this definition of citizens was not with lesse wisedome measured rather by the nobility of linage then the greatnes of wealth as in auncient commonwealthes it was wont as many old philosophers do prescribe for though the citie is the company of citizens yet all those men whose trauaile the Citie needeth yea and that dwell within the walles thereof are not generally to bee reckoned in the number nor registred in the right of citizens for euery citie standeth in neede of artificers and many mercenarie people and hired seruants of which none can bee truely tearmed a citizen for a citizen is a free man but those are all seruile eyther priuately or publikely for mercenarie men Mercenary men and artificers to be held as publike seruants artificers are all to be accounted as publique seruants for it is to bee beleeued that a liuing creature is not otherwise made of nature then it is needefull that the citie should bee of men for as in a liuing creature are many partes that haue no life yet the creature needeth them towardes the maintenance of life so in a company of citizens there is a necessary vse of many men who neuerthelesse ought neither to bee nor to be reputed or placed in the number of citizens for which cause it was wisely ordayned of our ancestors that the whole people should not haue power in this commonwealth which they desired to fashion in the highest degree of perfection Because many troubles popular tumults arise in those citties whose gouernment is swaied by the common people which we haue also read hath beene obserued in sundry commonwealthes also deliuered in way of precept by many and great philosophers yet many were of contrarie opinion deeming that it would doe well if this manner of gouerning the common-wealth should rather bee defined by abilitie and abundance of riches but here againe they fell into great absurdities The absurdity of those that elect the rulers magistrates of their commonwealth by the abundance of their riches and no small inconueniences for it happeneth often that those of the basest sort yea of the very skum of the people do scrape together great wealth as those that apply themselues to filthy artes and illiberall occupations neuer sparing the toilesome and carefull wearing out of their liues but with an intollerable sauing defrauding themselues of the comforts of life thereby to increase their substance Contrariwise the honest citizens and those that are liberally brought vppe oftentimes fall to pouertie either as it often happeneth by aduerse fortune or els that being wholly addicted to noble and liberall studies they neglect the increasing of their wealth whereby it commeth that filthy and ill mannerd men sauouring of nothing but gaine vtterly ignorant of good artes by little and little come to gouerne the commonwealth and those that are honest of liberall condition by the decay of their substance do loose the right of citizens wherby of necessity there must arise great seditions and troubles to the common-wealth Therefore our wise and prudent ancestors lest their commonwealth should happen into these calamities ordered that this definition of the publike rule Nobility of lineage to be in election of magistrates preferred before riches should go rather by the nobility of lineage then by the estimation of wealth yet with that temperature that men of chiefe supreme nobilitie should not haue this rule alone for that wold rather haue been the power of a few then a commonwealth but also euery other citizen whosoeuer not ignobly borne so that all which were noble by birth or enobled by vertue or well deseruing of the commonwealth did in the beginning obtain this right of gouernment which hath likewise happened in these times of ours yea and some forrain men and strangers haue beene adopted into this number of Strangers sometimes adopted into the right of citizens by the Venetians citizens eyther in regard of their great nobility or that they had beene dutifull towardes the state or els had done vnto them some notable seruice This whole assembly therefore of the citizens or as commonly it is termed this great councell vpon whose authority the whole power of this commonwealth as also the dignitie of the senat and of all the magistrates dependeth representeth The Duke ruleth during life in this commonwealth the forme of a popular state The Duke who hath no time of gouernment limited vnto him but ruleth during life beareth the shew of a kingly power representing in all thinges the glory grauitie and dignity of a king the rest of the citizens do beare him honor and reuerence as vnto a king all decrees lawes and publike letters go forth vnder his name But the Senate the tenne the colledge of elders or chiefe counsellors which amongst vs of the cōmon people are commonly called the sages those I say which do consult of matters after from the common-wealth do make report vnto the Senat carry with them a certaine shew of an Aristocracy or gouernment of the nobilitie which seeing they are the chiefe parts of this commonwealth before we come to the meaner magistrates we will speake particularly of these We wil take our beginning from the greater councell vpon which the whole commonwealth dependeth All yong men of the nobilitie which haue accomplished Yong Gentlemen at 20. yeares of their age admitted to the great councell of Venice the age of 20. years do go vnto the office which commonly is called aduocatory to which the defence of the lawes chiefly belongeth before which presenting themselues with their father or with their mother if he be dead or in case of both their wants with some neere kinseman they doe proue with the witnesse besides of two honest men neither of them being of the mothers kindred themselues to be borne of that father whom they alledge not bastards but in lawfull matrimony that their mother liued in fame of an honest woman The witnesses sweare in this manner that they do manifestly know it by the report and consent of An oath taken in the behalfe of the yong gentlemen before they are admitted into the councell al those that know them Then the father or the mother or they both wanting the kinsemen affirme with the oath that the young man hath passed his 20. yeares which thinges after they are directly registred by the clearke of the office they then attend the fourth day of the moneth of Decemb. on which day the names of all these yong men that haue not yet by lotte obtained the right of citizens nor are not passed 25. years old are put into a pot and carried vnto the prince there the same set before the counsellors with which there is another pot wherin are round balles
third fourth competitor if there be so many All the suffrages being reckoned vp he that hath them most in his fauour so that they exceede the halfe is pronounced chosen of the chiefe secretary at such time as the sessions being ended the councel is to be dismissed But if it so fall out that none of the competitors for that magistracy haue any more then the iust halfe of the lots in his fauour then is the whole proceeding held as voide and the appointment of that office deferred to the next sessions After that the first magistracie is in the sessions determined of then are the names pronounced of those that are elected in the second the competitors go into the conclaue with their kindred and alliance those that were shut in before that is to say the kindred and allyance of the first competitors returne into the sessions and the very like order and manner as in the first do they obserue in their suffrages for the competitors of the second magistracie which being numbred by the counsellors hee is helde for elected that exceedeth the rest in number of voyces so that they exceede the halfe The Sessions being ended the names of the elected are pronounced by the chiefe Secretarie and then the whole Councell is dismissed which may The councell may not be prolonged after the setting of the Sunne not at all bee helde or prolonged after the sunne is once downe so if in that day they make not an ende of all then do they declare the names of those that are already chosen and as for those that remaine there is no reckoning to bee made at all so that they remaine frustrate of the benefite which the nomination of the Electors had put them in hope of And this was so ordayned not without great reason for if the matter shoulde haue beene prolonged within night it would not haue beene easie for those magistrates that are Presidentes of the sessions to containe so great a multitude of citizens in order but that through fauor of the darkenesse they woulde haue attempted somewhat preiudiciall to the lawes Therefore our graue auncestors men indeede wise prouident preuenting the inconueniences that thereby might happen with exceeding carefulnesse and wisedome ordained that the sessions shoulde not by any meanes be continued after the setting of the Sunne neither would that by any meanes that light should bee brought into the hall while the sessions endured This is the whole manner of the proceeding in the sessions but by the way it is to be noted that the offices are so distributed among the citizens that two of one family kindred or neere alliance may not by any meanes haue Two of one kindred on family may not haue place in office nor bee Electors place in one and the same office neither in the sessions may two of one family or neere alliance be by benefite of lotte electors as I said before the same likewise being ordained with great reason and discretion to the end that the preheminence of publike authoritie might pertaine to many and not bee engrossed vp among a few least thereby through too much greatnesse of power might become disturbers or oppressors of the commonwealth and on the other side those that doe find themselues voide and hopelesse of honour and gouernment might grow into a dislike and hatred of the same The dangerous estate of that gouernment which many of the citizens doe seeke to alter vndermine And without doubt it is almost impossible for that commonwealth to maintaine it selfe afoot and to stand firme whose gouernment many of the citizens do seek to alter or vndermine so that nothing is more proper to a commonwealth then that the common authority and power should belong to many for it is iust that the citizens by whom the state of the Cittie is maintained being otherwise among themselues equall should not in this distribution of honours bee made vnequall But they that do reduce the publike authority into a few families doe easily fall vppon that estate of gouernment which the Greeks call Oligarchia Therefore in the commonwealth of Venice the offices are so diuided among the citizens that inso much as may be euery family kindred may be pertaker of the publike honors and offices and yet in that measure that not euery one do gouerne but those onely that doe excell the rest in honestie and wisedome and are deemed to be such men as will more regard the publike then the priuate commonditie That first institution hath I know not what of popular but the other sauoureth only of the gouernment of the Nobilitie whereby it is manifest that there is in this cittie of ours an excellent contriued mixture of the best and iustest gouernments for though vpon the first viewe this great councell of ours seeme to beare the shew of a popular estate yet looking well into it you shall find therein an apparant entermixture of the gouernment or the nobility I grant that the election of The commōwealth of Venice is neither a popular estate nor an Olygarchy but a wel tempered gouernment betweene both magistrates by lot is a matter popular especially where right and iustice is measured not by a determinate prudence but simply by an arithmetical equality for considering say they that euery one is a cittizen freeman one as well as another and that among equalles things ought equally to bee diuided euery one ought to bee sweetned alike with participation of the honours and commodities of the commonwealth without more exclusion of one more then another now in regarde that all cannot rule at once but by turnes they thinke fit that the matter should be committed meerely to lot that they should rule to whome the same should bee fauourable The contrary is alleadged by those where full power authority consisteth in the mightinesse of a few for they suppose vnequall thinges to belong to vnequall persons and that therefore mean men should content themselues with a meane honorlesse estate that the great and highest dignities should belong to them that do farthest exceed the rest in riches in which reckoning eyther of both parties strayeth far wide from the true perfect path though eyther of them relyeth vpon a reason in apparance seeming true for wheras the one affirmeth equall thinges to belong to equall persons the other that men vnequal in riches should be vnequall in gouernment the first measuring the equality likenes only by number the other the vnlikelinesse and imparitie onely by riches they are without doubt both of them besides the cushion For they that are in number equall are in some sort equall but not wholly those that are in riches vnequall though in some sort vnequall yet are they not wholly to bee accounted vnequall but the institution of a ciuill life tending chiefly to liue wel it is only vertue that must make this difference To those then that
do excell the rest in vertue the chiefest honors are due as being most worthy aboue the equalitie of the rest and so likewise equall rule and dignitie belongeth to those that are in vertue equall and in ciuill industry and this is the true measure perfect rule to distinguish men As therefore the choise of electors by lot is popular so doeth it also sauor of a noble better gouernment that they should bee chiefliest aduanced in honor that do chiefliest surmount the rest in vertue iudgement and counsell and that the vnworthier should receiue the repulse Whereby you may plainly perceiue that in this manner of our gouernment there is mingled with a popular shew the forme of a nobler rule yet vsed with such temperature that the same doth not exceed nor go beyond the mean manner of the popular authority For in choice of the electors onely chance ruleth of which dignitie the worst and basest may without hurt or detriment of the commonwealth be partakers in equall power with the best worthiest citizens but in the essentiall distribution of honors and dignities chaunce hath no power at all the same being wholly done by a deliberate election aduised iudgement And here me thinketh I ought not to ouerslip in silence that in those sessions which do concerne the bestowing of offices to which men of the greatest wisedome honesty diligence are required the senate of it selfe maketh vp a fift order to the 4. The senate when any principall office is to be prouided for hath authority to create a fift competitor before expressed orders of electors For whiles the other electors seperated in conclaues or places appointed for that purpose do pronounce such to be competitors as they shal in their iudgements think meet thē if so be the sessions do concerne any such especial office as beforesaid the senate doth also withdraw it selfe into an inner chamber and there euery Senator hath power to name such one as he shall please in the office of which the present question is and whosoeuer shall chance to haue most voyces in his fauour is elected in this cabinet of the Senate and created the fift Competitor whereby it plainely appeareth that in this common-wealth of ours the forme of an Aristocracie is much more excellent then the popular gouernment But the manner and meanes of this kind of councell is hitherto vnlesse I be deceiued of vs sufficiently expressed and made plaine Let vs now come to that part of the commonwealth the which not vnlike to a well tuned dyapason in musicke where the base is to the treble aptly proportioned carrying with it the shew of a Monarchie hath notwithstanding a correspondency with the popular gouernment and finally a middle sort of Magistrates being betweene them both interposed doth grow as it were into a wel concenting harmony of an excellent commonwealth The end of the first booke The Second Booke of Venetian Commonwealth and Magistrates THe exterior shew of the prince in the Cittie of Venice deliuereth to the eyes of the beholders the person of a king and the very resemblance of a monarchie Therefore it shal not in my opinion do amisse if hauing described that assembly of citizens which representeth the forme of a popular estate though for the dignity of the matter vnsufficiently yet considering the slendernesse of our forces not altogether vndiligently if we now take vpon vs to expresse the first reason that moued our wise vertuous auncestors to place one man onely at the helme of their commonwealth and also when and what was the beginning of this royall and princely institution No man I suppose is ignorant of that which is so often of vs in this worke repeated which is that a Cittie is a certaine ciuill societie sufficing within it selfe of such thinges as are necessarie to the leading of a happie and quiet life and there is no question to be made but that euery ciuill societie is contained and linked together in a certaine vnitie and by distraction and breach of that vnity is againe as easily dissolued For nothing hath sooner ouerthrowne the mightie and opulent estate of many great glorious citties that hereto fore haue perished then homebred discord and ciuill dissention Now a vnitie cannot well be contayned vnlesse one being placed in authoritie aboue not onely the vulgar multitude but also all the rest of the citizens and officers haue authoritie to combine them together being scattered disioynted and to bind them as it were all into one entire body which the great philosophers that were the searchers out and as it were diuers into the secretes of Nature did notably marke and obserue as well in the constitution of the whole worlde as also of this Microcosme or little worlde which is Man For they well founde out that in this vniuersitie of thinges the many and disagreeing motions of each particular thing according to the nature thereof were all vpheld and maintayned vnder one heauenly and eternall mouer and so likewise all causes vnder one the first cause of all things and as in a liuing creature there are many and diuers members whose functions are sundrie and different yet neuerthelesse are all comprised vnder one onely life member which is the hart and are by the same as it were gathered held in a vnity so likewise if the multitude be not so ordered digested that it may acknowledge one head and superior in whose heart shal rest principallie engraued an especiall care to conserue the common good the perfection of ciuill agreement whereunto the actions as well of euery priuate citizen as publike magistrate as to the last chiefe principal end ought to be directed surely the same cannot long time continue but drawing diuers waies must needs fal to decay ruine for if the charge of the common good be not principally to some one committed of necessity the too intentiue care that euery one will haue of the particular office wherein hee is imployed must needs turne to the common hinderance as for example The officers for prouision of corne wil cause out of all parts great quantities to be brought to the citie procuring onely the cheapenes and plenty thereof which perchance woulde not proue so profitable to the publike tolles The officers likewise of the nauie and sea matters which are among vs of great estimation credit would industriate themselues peraduenture too much thereabout in building great numbers of gallies in gloriously adorning thē with all sorts of cost warlike instruments spending therin whatsoeuer of the cōmon treasure they could get into their fingers through which ouer costly diligence the rest of the publike receipts wold hardly suffice to repair castels wals of towers to pay garrisons to defray other publike charges By which meanes the commonwealth not cohering wel together might easily sustain detriment not by the faultines but by the too much carefulnes of the citizens whilest euery one
vnpleasing but that the reward which is honor following sweetneth the same according to the opiniō of great philosophers so that Aristotle saith in his Ethikes seeing those that do rightly holily performe their office in gouernment haue more respect to the profite of other men then their owne there cannot by any other meanes be returned vnto them a due and equiualent recompence but onely by making them to exceed all the rest in honor and dignity Moreouer the dignity of this prince causeth all the other citizens exceedingly to feare his reprehension and performe the offices in which they are placed with the greater fidelity care There are to the prince adioyned sixe counsellors of Sixe counsellors chosen out of sixe quarters of the citie sixe tribes into which the Citie is diuided euery tribe chusing one Their office continueth eight monethes they are continually at the princes elbow nothing is said vnto the prince but they do heare it no letters are sent forth but such as shall seeme good and alowable to foure of those counsellors who also doe in the letters subscribe their names yet not in those letters which are sent forth but in those which are first written by the secretaries of the commōwealth which are reserued the coppies of them sent forth In which also it is to be noted that those letters which are sent not by the decree of the councell but by the commandement of the Prince and Counsellors as they neuer contain but matters of small importance so are they of small authority For as wee haue often saide all authoritie and power is onely to bee attributed to the councell no one magistrate hauing of himselfe any ample authoritie But of the counsellors we will speake more hereafter now I will returne to the prince or Duke The Prince therefore being honored with this kingly apparance and shewe because oftentimes it fell out that priuate wealth suffised not to maintayne so great dignity and pompe there is allowed vnto the Duke out of the common treasure yearely three thousand and fiue hundred crownes of gold and to the end least some one couetous of increasing his substance should neglect the honour dignitie of the common-wealth conuert that money to his priuate vse there are certaine charges imposed vpon him which at his owne cost he must see defrayed with an especiall care of the seruice dignity of the commonwealth which if through auarice or sparing of money he neglect there is so great a fine and amercement set vpon the heade of his heires that whiles by increasing his priuate wealth and dispensing with his honour and dignity hee shall think to enrich them he shall in a manner vtterly vndoo them besides the leauing of an eternall blot and ignominy to his posteritie He maintayneth of his owne charge many seruants or as you would say of his guard but yet such as weare no weapons Hee alwaies vseth costly garments he dwelleth in a pallace wonderfully adorned with goodly chambers and tapistry abounding with vessels of siluer and all other such furniture as is beseeming the degree of a prince Foure times a yeare he maketh a solemne and sumptuous banket to Foure times a yeare the Duke banketteth the citizens aboue threescore citizens the same being ordered and set forth with all the magnificency that may be Wher in our predecessors brought into our commonwealth the auncient order of the inhabitantes of Lacedemon and Crete whose commonwealthes were noble and glorious but with a much better moderation and order for they because they thought the often meeting of the citizens was a mean to combine them together in friendship instituted certaine publike feastes at the charge of the common treasure to which the citizens assembling had meanes one to be acquainted with the other and withal by so friendly a meeting to confirm a new friend ship But seeing that they all went confusedly together those assemblies could not be without troubles tumultes and besides when those that were to feast banket the rest did desire to do it with daintinesse and magnificence there could not but ensue a great wast of the common treasure Therefore with a certain amendment moderation is that ancient manner brought in vse among the Venetians and the whole care and ordering thereof committed to the prince Foure times a yeare therfore are the citizens banqueted of the prince with fare truely honorable and daintie and yet for the exceedingnesse thereof not to be enuied neyther doth euery one come vnorderly as it pleaseth him but those whome the prince shall vouchsafe to call vnlesse it bee the Counsellors the Aduocators the Presidents of the xl men the Presidents of the tennes who in preheminence of their offices are vsually present at the princes bankets the other citizens come not but inuited These foure feastings are in this sort diuided that the elder and worthiest citizens being inuited doe in the winter time vpon S. Stephens day assemble themselues in the publike pallace appointed for the princes habitation and with a solemne pompe waite vpon the prince from thence to the church of S. Marke and there bee present with him at Masse which being ended then they waite vppon him backe to his house againe and there be pertakers of his banquet Likewise in the moneth of Aprill on the day of Saint Marke whose memory is with exceeding honour solemnized of the Venetians as entituling him their patron and defender euer since the reliques of his body were brought vnto Venice from forth of Alexandria a noble Citie of Aegypt the cittizens of lesse age and dignitie inuited of the prince doe in like manner after the solemnities in the church are ended conuay him home and dine with him Thirdly vppon Ascention day being the day of the great fayer at Venice they are inuited and admitted to the Princes banket that are fully arriued and entred into that age which we call Virilis or mans estate These also doe early in the morning waite vpon the Duke from his house and go aborde a ship gorgeously trimmed and set forth reserued onely to that vse and is by the Venetians called Bucentoro so soone as they are passed the marishes and come to behold the plaine and open sea by an ancient indulgence of the high Bishops who honoured this commonwealth of ours in regard of many notable exploites by it atchieued against the The Dake of Venice marieth the sea with a ring of gold enemies of the Christian faith the prince throwing a ring of golde into the sea vseth in a manner these speaches that with that ring hee doeth betroth himselfe to the sea in token of a true and perpetuall Empyre To this there are added certayne ceremonies by the Patriarch of the Cittie which being ended they lande at the Church dedicated to Saynt Nicholaus a thing of great antiquitie built vppon that shore or banke which diuideth the sea from the lakes There the holy misteries
are presently called into the court who first doe with all reuerence and honor salute the new prince The fame of which presently flyeth through the citie in euery parte whereof you may behold the citizens making ioy and throwing vp The solemnities that follow the election of the prince their prayers to heauen for this prince that his gouernment may bee fortunate and happie to the common-wealth All his parents and kinsefolkes come presently vnto the Court congratulating with him of this his great honor and dignitie in meane while the coyners are set a worke to stampe money with the face name of the prince and all thinges busily prepared that the future pompe requireth in which season the Duke and the Counsellors doe apparell themselues and being apparelled and in order doe so discende out of the Court and go directly vnto the Church of Saint Marke being neere thereunto adioyning a church of wonderfull goodlinesse and magnificence and resplendishing in all sortes and varietie of rich ornaments and pompous architecture They do first religiously with great veneration adore the mighty name of God then do all ascend vp into a high stately seat made all of Porphire stone whence the eldest of the electors maketh a speech vnto the people wherein he declareth the creation of the newe Duke vttering withall some few wordes in a modest commendation of him After whom the Duke also maketh an oration in which after hauing spoken discreetly a few things concerning himselfe hee there promiseth and voweth to obserue all such things as shal become a vertuous prince with greater care of the good of the commonwealth then of any his owne priuate commodity chiefly that he will beare himselfe in matter of iustice most holily and strictly with endeuour that equall right may be administred to all men that hee will not spare his priuate substance his labour no nor his life if by any incommodity of his the estate of the commonwealth might bee assisted or remedied Finally he humbly prayeth vnto God vnto S. Marke vnder whose patronage the Citie of Venice is and to all the Saints that they will be all fauourable and helpefull vnto him in the well discharging of this great and honourable office His wordes are receiued of the people with a great applause And at the ende therof they do all discend from off the high seat or scaffold and do place the Duke before the high altar where laying his hand vpon the Gospell he doth binde himselfe by solemne oth to God to his commonwealth that he will not omit the performance of any such thing as the Duke of Venice is bound vnto by the lawes This being done the Electors that hitherto remained with the Duke doe all depart he mounteth vp into a pulpit of wood taking with him one of his kinsemen such as ofall other he holdeth deerest which pulpit the mariners such as are best esteemed doe take vppon their shoulders and with a great shoute and ioy doe carry the Duke sitting therein throughout the whole place of S. Marke who from out the pulpit throweth money coined in his owne name round about him There is no certaine summe herein limited but euen according as the substance of the Duke may beare the same being wholly referred to his disposition and pleasure but once the people be not negligent in gathering it vppe At length hauing gone about the place when they come before the staires of the princes pallace they there stay the pulpit and the prince descendeth out The apparell which the Duke weareth and likewise a siluer potte in which the money so throwen about among the people was kept belongeth by an auncient custome vnto the mariners that did so beare the Duke vpon their shoulders The Duke mounting vp the degrees of the pallace is there receiued of the Counsellors and there by them crowned with the foresaid Miter which is as it were the Dyadem or ornament of the Prince This is the order of the whole pompe The day following the Senate is assembled in the Court and the Duke maketh an oration giuing thankes to God to the fathers for this aduancement and honour which he had receiued promising withall that his diligence trauaile shal neuer be spared for the commonwealths commodity The like oration hee maketh before the whole assembly of citizens in the first sessions that is held after his creation Hauing now sufficiently spoken of the Duke or prince of our commonwealth it remaining that briefly wee speake somewhat concerning the Counsellors to the end that you may vnderstand what their authority is and how farre it extendeth There are alwaies as I said before sixe Counsellors The office authority of the 6. Counsellors present by the princes side out of euery quarter of the citie one for the whole citie is diuided into sixe quarters or tribes three of the which are on this side of the great channell which diuideth the citie and three on the other out of each of these quarters is chosen one counsellor in the sessions according to the manner before expressed in the choyce of other magistrates Their office continueth onely eight monethes in which iointly with the Prince they take care of all such affaires as pertain to the commonwealth But the whole maner handling of the sessions an auncient ordinance passeth chiefly through their hands Likewise if report is to be made vnto the great councell of any matter and by authority therof to be confirmed they are to make report thereof as those to whose authority that right only belongeth yet somtimes the Presidents of the 40. are adioyned to thē who otherwise were insufficient without power to make report ouer to the councell No other magistrate the Duke onely alwaies excepted hath this authority They may likewise if it please thē make report of any thing to the Senate or the tenne men but the charge of assembling the Senate and reporting to the same chiefly belongeth to the Preconsultors like as the office of the Presidentes of the tenne is to assemble the tenne to make report vnto them the manner of which shall hereafter be more largely handled But the Councellors are endued with greater priuiledge as those that haue in the senate equall authority with the Preconsultors and in the courtes of the tenne men with the presidentes of that Court for the space of eyght monthes they are alwaies present with the Duke and do exercise these offices of which I haue made mention But foure monthes they are present or rather Presidentes of the fortie men who haue the handling of waightie and capitall matters which are by their iudgement decided determined of as shall hereafter more plainly be declared Now seeing that which concernes the great councell which representeth in this common-wealth popular estate and that likewise of the prince which beareth the person of a king is handled of vs though vneloquently yet faithfully with diligence the vndertaken worke
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
Iudges is pronounced and executed which the other being reiected hath in fauour thereof more then halfe the suffrages No one citizē nor magistrate allowed for an absolute iudge or arbitrator in any thing Here me thinketh I shall not doe amisse to acquaint you with two statutes wisely enacted by our ancestors The first is that they would not by any meanes that any citizen no nor magistrate should bee an arbitrator without appeale in any thing but that the supreme right iudgement of all things shoulde belong to the councels or colledges And the other no lesse profitable then the former is that the Iudges should not openly with their tongue pronounce their opinions but secretly by suffrages the maner of which you haue heard either of which in my opinion grounded vpon exceeding reason First for so great an authority in determining matters to haue been cōmitted to one magistrate as it had beene dangerous so if now the matter fall by chaunce otherwise then well out the Citie cannot find fault with any particular citizens And with as great wisedome was it ordained that iudgementes and decrees should not bee openly with speech pronounced for the Iudges by this inuention of secret suffrages doe iudge much more freely then they woulde haue done if they had beene to deliuer their iudgementes with their tongue in which case sometimes eyther through ambition they wold haue been seduced from iustice or els feared the offence of their well deseruing friendes or els doubted the indignation and mislike of some greater person withal this commodity ther is that euery Iudge followeth his own iudgemēt without depending vpon the authority of any other Iudge which might easily happen that hee that had before spoken were reputed to be graue and wise which point hath not been omitted of excellent Philosophers but now seeing the whole manner of iudgementes is of vs expressed wee will returne to the forty iudges of Capitall causes of which I had begunne to speake Their Colledge was instituted of our City to the ende that the Aduocators making report vnto them of Capitall causes by their deliberation wicked men and malefactors might receiue condigne correction punishment for vnlesse it be in great and waightie matters and such as the commonwealthes may bee interessed by the decision of them the Aduocators doe neuer consult with the Senate and verie rarely with the great Councell but all Capitall causes are brought to this Colledge of the forty whose sentence is helde for ratifyed and firme without admitting any appeale Their office lasteth eight moneths after that they haue before spent sixteen moneths in determining of ciuill causes For there are in the common wealthes of Venice three The office of the forty criminall Iudges Courtes or Colledges euery one consisting of Forty iudges two of them are for the iudging and determining of ciuile causes and the thirde of which wee speake for Capitall but they are in this sort distributed that these forty Capitall Iudges so soone as they haue finished their lymited time of office do returne priuately into order and forthwith other forty are chosen into their places by the session of the great Councell and yet the forty new chosen doe not presently come to the iudging of Capitall causes but in place of these former Capitall Iudges doth the other Colledge of Forty succeede that did in the meane space of these eight moneths exercise the iudgemēt of ciuile causes within the City And againe in their place doth succeede the other Colledge of forty which also in this eight moneths space had the handling of ciuil-foreyne causes and in their place do succeed these last forty newly created and so by turne they passe from foreyn causes to causes of the city and lastly to those which are capital in which iudgements from one as I say to another they continue two years These three courts of iudges haue their three peculiar appellations The first of forreyne causes is called the new Colledge the second of homeciuil causes the old and the third that iudgeth vpon life and death the criminal Colledge these last forty beside the high power of their iudgement in capital offences and crimes are also admitted into the Senate and haue in that honorable Councell also their authority of sufrages They haue besides three heads or presidentes of their company which are euery two monethes chosen new by Lot and in their turnes they sit with the Duke and Councellers and haue with them equal authority of making report ouer of whatsoeuer they shal please eyther to the Senate or to the great Councell the same neuerthelesse in such manner as I tolde you before neyther without reason are these forty yonger men mingled with the Senators which are for the most part olde men in regarde that the heate of their nature maketh a temperature with the others coldnesse yet are not these young men equall in number to the olde men but much fewer onely inough to put some heat into the cold deliberatiōs of the Senate which somtimes exceeding in matters of some nature is necessarie Besides by this grant of Senator like authority to the forty there may seeme to bee in some forte a communication of the commonwealths gouernmēt with the lower and meaner sort of citizens such as for the most part they are that do exercise this office of the forty wherein our auncesters haue seemed to vse obserue a certaine kinde of popular lawe for to euery of these three Colledges of forty men there is a certain rated allowance of mony appointed and giuen for euery day that they shall assemble and meete and therefore very seldome do those that are rich require this office and if they should they would as easily be repulsed The honor thereof being without difficulty granted to the needier sort prouided alwaies that their life beare with it the fame of an honest conuersation by which meanes the pouerty of meane gentlemen is not only in some sort prouided for but alsoo the gouernment and administration of the common wealth is aswell in some sort communicated with the meaner and poorer sorte of Citizens as with those that are highliest remarkable eyther for riches or nobilitie which custome hath a reference to the popular estate By these thinges you may perceiue that there appeareth in eueriy parte of the Venetian common wealth that moderation and temperature which in the beginning of this worke I tolde you our auncesters did so highly indeuour to establish which is that the popular estate should haue an intelligence and mixture with that of the nobilitie yet the same in that order seasoned that the parts of the Nobilitie should bee both more in number and mightier in sway We haue now in my opinion sufficiently discoursed both of the Aduocators as also of the forty criminall Iudges who are to that ende instituted that they should carefully looke into all such offences as are any way notorious eyther through the qualitie of the
offence or the condition of the offendor Now the time Two sorts of inferior magistrates requireth that we should briefly speake of some inferior magistrates that haue authority to punish offences of lesse qualitie and moment eyther in regarde of the meanes of the faulte it selfe or the slender regard quality of the person that commiteth the same These also are of two sortes the one hath power of life and death the other not their authority stretching no farther then to the punishment of Rogues and Harlots whome they cause to bee imprisoned or whipt with rods euery of them according to the proportion of their committed lewdnes The first magistrate also that hath power to giue sentence of life and death is likewise deuided into two sortes For the selfe same Iudges doe not search out and examine and call to tryall the offendor but the first being the heades of the officers by night doe throughly examine the cause of Officers of night the offender and register vp in writing the deposition of the witnesses whatsoeuer else the party hath confessed eyther of his owne accord or els by the constraint of torture and then finally represent the whole to the iudges of the Properties This Magistrate differeth Iudges of the properties much from the former and giueth sentence of death when the cause in handling is capitall But if it be a lighter offence to bee punished onely with whipping or imprisonment the captaines of the officers by night do of themselues dispatch the matter without asking the aduise of the Colledge eyther for the imprisoning or torturing the offendor which authority neuer thelesse the office of the Aduocators hath not but must first acquaint the Colledge and proceede according to the decrees thereof neither is the same so ordayned without exceeding reason and foundation for that for euery small matter and the offence of euery baggage fellow the Councell should haue been mooued both the common wealthes should haue beene ouermuch troubled with many impertenent brablers and also lewd fellowes should haue had a greater scope of liuing licentiously through the hope of escaping punishmēt For greater expedition thereof of these kinds of iudgements the heads or chieftaines of the officers by night do obtaine that authority of which the Aduocators are depriued These officers of the night are six and six likewise are those meane officers that haue onely power to correct base vagabonds and tryfeling offences Those that do execute this office are called heades of the tribes of the city because out of euery tribe for the city is deuided into six tribes there is elected an officer of the night and a head of the tribe which custome also we obserue in the election of our Councellers as here before I haue expressed The duty of eyther of these officers is to keepe a watch euery other night by turn within their tribes and now the one and then the other to make rounds about his quarter till the dawning of the day being alwayes guarded and attended on with weaponed officers and serieants and to see that there be not any disorder done in the darkenes of the night which alwaies imboldneth men ill disposed to naughtinesse and that there be not any houses broken vp nor theeues nor rogueslurking in corners with intent to do violence At the first beginning of the city eyther of these offices was of great estimation but since new Magistrates being added according to the chaunge of the times and the occasion of the common wealth the same is much diminished and of lesser respect for the chiefe authority being transferred ouer to the new officers there remaineth onely in their courtes the decision of base and baggage matters as the suddes or lees of the rest Hetherto there is inough saide of those Magistrates that do determine Capitall causes In the next volume we will speake of ciuile Iudgementes The end of the third booke The fourth Booke of the Magistrates and commonwealth of Venice IT hath beene alwaies a perpetuall continuing custome in the commō The whole high and chief authority of all thinges belonging to the Councels and not to any particular magistrates wealth of Venice that no magistrate whatsoeuer should haue in matters of waight and importance high chief authority but that the same shoulde wholy belong to the colledge or rather vsing the common manner of speech to the Councels insomuch that in ciuile causes such as In ciuile causes the party preiudiced may after iudgement giuen appeale to the Auditors and to the Colledge of the Forty shall exceede the summe of fiue and forty crownes there is not any magistrate from whose iudgement the party may not appeale to the Auditors of the ciuile causes and to the colledge of forty of whome we haue heere aboue made mention But to the end that the whole manner of these ciuile iudgements may be made manifest and plaine wee Two sorts of Auditors the olde and the new will begin with the Auditors which are of two sortes that is to say the olde and the new the olde doe deriue their name from the antiquitie of their office The old Auditors more ancient then the new and being much more ancient then that of the new which was altogether vnknowne in this common-wealth till the same beganne to haue Dominion ouer the maine Lande many ages after the building of the City These olde Auditors haue in manner the same authority in determination of ciuile causes after they are debated of iudged by the ciuile iudges as the aduocators haue in all such matters as any way they shall thinke to be offensiue to the lawes I meane in receauing of appeales or making of report ouer When therefore by the ciuile Iudges there is any sentence giuen against any man it is lawfull for him who receiueth preiudice thereby to appeale from their indgement to the Auditors the cause then being brought into their court and of eyther side pleaded debated of those betweene whome the controuersie dependeth if the same exceed not the summe of fiftie crowns they may of their own authority so they agree all in one end and determine the same without the Colledge of the forty or if they disagree in opinion then one of them hath authority to make report ouer Three Iudges that haue authoritie to iudge and determine on thinges that are found to a very small Colledge where the company of eyther Auditors do note and likewise three other Iudges that vsually do sit vpon thinges that are founde and there these lesser affaires are absolutely determined But if the whole cause did amount aboue the rate of the foresaid summe before our time the matter coulde not haue beene brought into the Colledge of the Forty vnlesse someone of the Auditors had interposed himselfe and made reporte of the sentence so giuen by the Iudges vnto the forty But in this time of ours there is a Law made whereby liberty is graunted vnto
him against whome the former Iudges haue pronounced sentence that he may after three monthes though none of the Auditors intermeddle call his aduersary a fresh into A law lately made by which the authority of the Auditors is greatly diminished question by appeale vnto the Colledge by whose lawe the authoritie of the Auditors is greatly diminished yet neuerthelesse is their report of great auaile to the furtherance of the cause and besides the cutting of the delay of three monthes seemeth to be as a prerogatiue to the Iudges Presently vpon the Auditors report the former iudges were before our time summoned into the Colledge of the fortie and there eyther magistrate admitted to the maintenance of his cause by plea but now I know not by what negligence by little and little it is brought to passe that the former Iudges from whose sentences the appeale is brought doe neyther pleade nor bee so much as present at the handling of their cause in the Colledge of the forty onely being cited by an officer their answere is that that which lawe and iustice is may go forward But this custome that the auditors should first make report vnto the colledge of such causes as were by appeale brought vnto them and plead in maintenance of them hauing continued till our time is now wholly abrogated and onely the Aduocates of those between whom the controuersie resteth doe vse that office in defending the cause of their clientes whereby it is come to passe that this office which was before time so honourable is now become to bee greatly obscured and eclipsed The iudges of ciuile causes obserue the same order in their iudgements as the criminal iudges These fortie Iudges of ciuill causes doe in a manner obserue that order and custome in their iudgementes as you heard me say before is vsually wont to bee obserued of the forty Iudges of capitall causes onely this difference there is that in causes wherein the life and estate of any man is called in question there is no certayne time of speech limited or imposed whereas in A certaine time of speech limited ciuile controuersies there is a certaine time appointed beyond which they may not by any meanes lengthen or extend their plea that is to say an houre and a halfe onely to each of them that pleadeth neyther are there in the decision of these ciuile iudgements many opinions alleadged out of which the Colledge may conclusiuely chuse one that shal be best to their liking as in consultation vpon the punishment of malefactors I told you aboue is vsually the custome but it is onely here debated whether the sentence giuen by the former Iudges shall be confirmed or abrogated if any of the Auditors make intercession to that ende then shall the question be of abrogating and cancelling the same but otherwise if the matter come vnto the Colledge without the intercession or addresse of any Auditor then the Presidentes of the Colledge after the matter is of each side throughly pleaded doe rather propose the strengthening and confirming of the former iudgement then the disalowance or cancelling thereof Presently all the sworne Iudges doe prepare Three seuerall pots brought forth a white a greene and a redde themselues and go vnto their suffrages and three pots likewise are brought forth in the greene the former iudgement is cancelled in the white it is approued and in the thirde which is redde are the balles of those that doe yet remaine doubtfull and would haue the matter to bee adiourned and deferred Nothing is helde for absolute and decreede vnlesse more then the halfe doe conclude and agree together in one opinion eyther for the ratifying or disanulling thereof of which if the iudges bee not throughly perswaded so that neyther of both bee decided the same is then deferred ouer till the next day and the same ceremonies againe renewed and if neyther then it bee determined the Colledge is called agayne the thirde day and the selfe same proceedinges vsed as before saue onely that after eyther side hath sufficiently pleaded and that they go againe to their suffrages there is no farther reckoning made of those that remayne doubtfull and vnperswaded so that vnlesse the suffrages bee altogether equall it is determined and fully ended one way or other and the former iudgement Vpon abrogation of the former iudgement the plaintife hath libertie to renue his action eyther fully confirmed or vtterly abrogated Neuerthelesse vppon abrogation of the former iudgement the playntife is not so put off and debarred but that hee hath libertie to renewe his action agayne for this newe cancelling serueth to no other ende but onely to frustrate and make voide and inualide But vpon the confirmation of the former sentence the party interessed is vtterly debarred the force of the former iudgement whereas the approbation and allowance confirmeth and ratifieth for euer the iudgement that was giuen and pronounced neyther is there left to the defendant any place eyther of prouocation or appeale or meane to call the matter in question vnlesse there fall out some new matter or occasion This shall bee sufficient as concerning the olde Auditors now wee will briefly say somewhat of the newe This Magistrate was vnknowen and not created in our commonwealth till such time as the Venetian Empire beganne to imbrace the mayne lande that bordered vppon our Lakes To these may appeales be brought from the iudgements sentences of The New auditors meddle onely with forraigne matters such gouernors magistrates as without the precinctes of our Citie doe administer iustice to people that doe liue vnder our subiection for the olde Auditors were not of themselues able and sufficient to vnderstand and dispatch both the causes of the citie and those also of forrayne places for which cause this Magistrate was called by the name of New in regarde that after the commonwealth was once setled and established the citie began to stretch and enlarge her dominion ouer the maine land of the prouince of Venetia which as though it had neuer beene seperated from the same returned willingly with a franke and liberall good will For as I shewed you in the beginning of this worke the noblest sorte of people that inhabited the countrey of Venetia flying the barbarous crueltie of forraine nations the generall deuastation of all Italie did get themselues into these lakes of ours and then did lay the first foundation Why the City was first called Venetia of this most opulent and flourishing citie calling it by the name of Venetia to leaue thereby a remembrance vnto their posteritie that there in the same were ioyntly together assembled the chiefe prime and flower of the nobilitie of all the cities of the territories of Venetia so that in short space when the rule and empire therof began infinitly to increase one Magistrate could not serue for the dispatch both of forraine and domesticall causes and therefore this New Magistrate was The
likewise grow to an exceeding weakenesse and empouerishment by the drying vp and decay therof in so much that they made a solemn decree that what citizen soeuer should be cōuicted of hauing abused or defrauded the commō treasure shold be to al posterity defamed with a perpetuall note of dishonor and the same perpetualy euery yeare should to his eternal shame be renued For vpō a certain appointed day the great councel is solemnly assembled and there in a publike oration made by one of the Aduocators all such as haue beene conuicted of this crime as named with titles of reproach to the end that the shame and infamie of so foule a fact may neuer growe out of date or be forgotten The magistrates who haue charge ouer the treasure are of two sortes But returning to the purpose The magistrates who haue charge ouer the Treasure are of two sortes as likewise is the treasure it selfe for eyther it consisteth of the publike rentes reuenewes and tributes or else when great and important occasions shal so require the same is raised of taxes and subsidies that are leuied according to the abilitie of the citizens which oftentimes hapneth when warres with which our city hath been much afflicted do grow vppon vs eyther by sea or land as when the Turke incrochingly assaileth our dominions whose mighty puissance and formidable attempts aswell against vs as against the whole commonwealth of Christendome wee alone not without exceeding charge and detriment haue resisted and kept at a baye many yeares or else when christian princes not brooking the greatnes of the Venetian empire haue conspired against the same as in the fifteenth yeare before this in manner all the greatest princes of christendome were strongly linked leagued and confederated against vs but God be thanked their endeuours were withstoode and our affaires though for a while declining were yet at length restored into their former estate flourishing erected grearnesse Seeing then that this common treasure consisteth of two kindes two likewise are the kinds of magistrates to whose charge they are committed The one for the subsidies leuied of the people and the other for the common rents and tributes These tributes are leuied eyther of goods transported out of the City or els of such as are brought into the same others the like also are collected and gathered out of those other citties that are vnder the Venetian dominion The tributes Tolles and customes of the citie aswell through the great aboundance of marchandize and infinite assembly of marchants as also the innumerable multitude of people that dwell within the same are farre greater then a man would imagine and as the kinds of these matters marchandize are diuers so likewise are the officers ouer them instituted ordained as it best seemed vnto thē to whose supremecharge superintendance they belong to acquaint you with the particularities peculiar offices of euery one of which would rather breed a vaine and werisome tediousnes then any necessarie or pleasing delight for which cause I thought it not amisse to ouerslippe those magistrates whose offices are not of continuance but are onely instituted vppon occasions In summe the chiefest point belonging to all these officers is to be heedefull that no parte of this commō treasure be embezeled misemployed or carelesly regarded all controuersies likewise arising about this money are by them iudged and determined so soo e as they haue gathered in their mony they carie The Gouernour◠of the publike rents the same to the gouernours of the publike Rents for so is this magistrate called to whose presidence this matter is committed which because it is a very great and a very honorable charge the same is not wont to be giuen but vnto the noblest citizens which to the end they should the more willingly of themselues desire or at least not refuse the same being profered as the burthen and care there of is great and weightie so are there thereunto many both profitable and honorable The creation of the vnder Officers belongeth to the gouernours the common Treasure authorities annexed for the creatiō of all such vnder officers as are paid out of the common treasure as Serieants Somners Purseuants Ordinarie gardes and therest of that kinde lyeth wholy in their power whome hauing satisfyed and payd they bring the rest The Treasurers of the Chamber of the City that remaineth to the Treasurer at the Chamber of the City to which magistrate finally is brought the whole summe of the common money collected eyther within or without the towne by whatsoeuer officer or treasurer and they do againe imploy the same vpon publike vses according to the order and direction of the Senate keeping a Register both of their receipts and paymentes which office because it requireth a painefull trauell and continuall diligence the same is wont to be giuen to the yonger sort of the nobilitie prouided alwayes that they be such whose sincerenesse and integrity of life do no way degenerate from the noblenesse of their stocke to the ende that the publike mony bee not priuately misemployed and these treasurers of the City haue in manner as greate authority in the Senate as the other lawfull Senators Peculiar Officers appointed ouer such mony as is leuied by taxation but as for the money which in the necessities and distresses of the commonwealth is leauied of the citizens by way of taxation though at length the same come as to the treasurer of the town Chamber yet are there peculiar and proper officers thereunto assigned sometimes vpon an occasion of collecting a summe of money the Senate maketh a decree for the raising thereof without any clause of restirution interest or vtilitie to returne backe to those of whome it is leuied which happeneth neuerthelesse very seldome for commonly or rather alwaies vnlesse extreame occasion require the contrarie the Senate as their chiefest care is directed to the generall good of the commonwealth so also haue they a most especiall and singular regarde of the particular estate of the citizens The summe that is to be leuied being determined time appointed for the payment thereof euery one bringeth in as much thereof as he was rated at which is exacted and gathered in by the gouernors of the rentes and by them brought to the Treasurers of the Chamber But oftentimes vpon these taxations of money the Senate limites and appointes a time for restitution thereof vnto the Citizens with some allowance Interest allowed vnto the citizens for such money as is leuied of them also of profite and interest for the same and to that ende are there certaine rentes and determinate tributes assigned and made ouer but afore our time the Senate sundrie times were wont to make a decree concerning this exacted summe of money that there should not be made any mention of restitution nor any time thereunto appointed vnlesse the same should be for the generall good and benefite of the common wealth
trade office There are besides these certaine great and ample roomes wherein there is alwaies readie an vnmeasurable abundance of armour weapons and artillerie of all sorts likewise of sailes cables tacklings ankers oares and such like euery kinde laide vp seperately by it selfe In so much that when the senate shall determine to set forth a nauie all thinges thereunto belonging are readie in a moment All these thinges and seuerall workes are vnder the authoritie of this Magistrate of which I determined to speake hee maketh choyce as well of the Carpenters as of the smithes and tryers of mettall and all other kindes of workemen belonging to the businesse of the sea hauing care that each of them performe his businesse with diligence for the payment of all which Nauale workes and other charges thereunto belonging there is mony deliuered vnto him out of the common treasure The Colledges allowance being therein first demanded and they made acquainted with his reckonings This magistrate in the time of our auncestors was of singular reputation and honour but in these times of ours the same is much diminished and of lesse estimation In so much that when any great occasion happeneth requiring extraordinary diligence and care the senate electing certaine counsellors of the grauest and best experimented sort doth appoint the managing of those waighty sea businesse vnto them appointing the others to be by them wholly directed Now last of all wee are to speake of the Procurators The procurators of Saint Marke of Saint Marke being of all the other magistrates the greatest and most honourable next vnto the Duke For their time of authoritie is not limited but continueth during life To this honour is also adioyned the perpetuall dignitie and place of a Senator and equall power of suffrages with the lawful Senators and this they haue besides aboue all other magistrates that whereas the elder citizens doe not giue any preheminence of place to the other but onely in certaine courtes the honour thereof is alwayes and in euerie place yeelded to the Procurators for in what Court or place soeuer they sitte they are euer alike honoured with the highest place as though they did in euerie place performe the office of the magistrate there presiding Their office is to take vpon them the defence tutorshippe of Orphelins who being vnder age and their fathers deade without making any will haue not any tutor or ouerseer appointed them for which cause this charge and office is neuer giuen to any but to such as are throughly knowne to be of singular good conscience and integritie of life and haue passed in a manner through all the other offices of the citie without any touch of dishonour and a generall approbation of an vncorrupted vertue and so at length after their long seruice to the commonwealth doe obtayne therein this great and principall dignity which continueth with them during their liues In times passed this office was of passing great and honourable estimation not onely within Venice but also in forrayne regions in so much that not onely the subiectes and neere borderers but also forreners and strangers made them by testament their executors and put wholly into their hands the administration of their goodes during the minority of their children Likewise great summes of money are committed to them to bee by their discretion dispensed and bestowed among the poore so that in these times of ours great and mighty summes of money are committed to their fidelity as well to the vse of Orphelins and the poore as otherwise This office was at the first instituted to the ende that the heritages and substances of those citizens that should eyther die in seruice of their countrey or in traficke of marchandise among forraine nations shoulde not bee by fraude misemployed or diuerted from their heires This charge confidence therefore is especially giuen to those whose conscience behauiour and conuersation a long approouedexperience hath allowed for excellent without exception The addition of new procurators from time to time At the first beginning they were onely three that did exercise this office Afterwarde vpon the increase of the citties greatnesse three more were added vnto them but their authoritie so diuided that the old shoulde still retayne the charge of those pupilles and Orphelins which are on the farther side of the channel that runneth through the middle of the Citie and the new to haue the gouernment looking to of those that are on this side halfe of the city belonging to the charge of the former three and halfe to that of the later three Besides these there are other three that are as it were patrons of the royal sumptuous and magnificent Temple of Saint Marke vnder the protection of which blessed holy Euangelist the commonwealth of Venice being directed with excellent lawes hath at length increased into this greatnesse of empire and of these last as of the noblest they all do take their name and are called Procurers of Saint Marke I will not at this present say any thing of the gorgeous architecture of this Temple nor of the abundance of beautifull marbles nor of the multitude of goodly pillers nor of the glorious workes as well guilded carued as richly wrought in Porphire and Iasper stone of which the whole roofe and pillers are made yea and the very pauementes because I thinke there are very fewe but haue seene the same or at least hearde the fame of the magnificence thereof These three Procurators haue charge continually to looke to the maintayning of this goodly Temple and amending the decayes thereof as also to the priests to the end that diuine seruice may therein be said according to the dignitie of our city the worthines of our blessed patrone aduocate S. Marke These therfore in my iudgement beyond al other magistrates are most necessary and expedient in this prosperity and happinesse of our citie The carefull vsage of the mint is a matter not lightly to bee esteemed because nothing strengtheneth more the trafick trading of a citie then the purity goodnes of the mony neyther is the carefull prouision of corne a matter of light regard likewise the prouiding for the health of the citizens the repairing of wayes bridges and common buildinges are offices of singular auaile fitnesse and necessitie All these thinges are in a manner common to euery other citie But this other chiefly and aboue all the rest pertayneth vnto Venice that is to say the carefull prouision and superintendance of sea matters the defence of Orphlins because many of the Cittizens aduenturing their liues abroad eyther about the publike busines or els in traficke of marchandize come to ende their dayes and therefore these magistrates are ordained to the ende to defend their children from wrong wherby it may appeare to those that shall consideratelie and with an indifferent eye looke into the order and gouernment of this common wealth that our ancesters did
office of the Correctors is to see whether it bee necessarie to make any new law or to correct or amend anie abuse crept in vnder the gouernment of the other Prince When the Duke goeth abroad all the belles of S. Marke are rung and there go before him sounding many trnmpets of very extraordinarie greatnesse and there are likewise borne before him certain streamers and banners then a cushin and a chayre of golde and musicke next followeth the person of the Duke vnder a Cannopie in the midst of two of the chiefe Ambassadors the rest following him behinde then follow next after them thirtie couples of Gentlemen wearing all garments after the Ducall fashion eyther of cloth or skarlet he that is on the right hand of the first couple carrieth a sword vpright in his hand The Duke hath yearely allowed him out of the cōmon A thousande and fifty pound of our money treasure 3500. crownes towardes his expence Euery wednesday the Duke vseth to come downe from his Tribunal and to go to the courts where the other Iudges and Magistrates do administer Iustice and to looke into their proceedinges exhorting and admonishing them to do that which equitie and right requireth if any suitor do thinke there that his case is not iustly delt withall he may with al hūblenes recommend the same vnto the Duke which if the Duke findeth to be so indeede hee presentlie commandeth the magistrate to do him reason but if contrarie he then reprehendeth him that made the complaint and so proceedeth on forward some of the late Dukes haue changed this order and do not keepe any one certain day in this visitation of Courtes to the end that they might chaunce in vpon the magistrates on a suddaine and take them at vnwares Whereas Contaren in the former treatise writeth of a present of fiue wild Duckes which the Duke was yearely accustomed to send to euery Gentleman that The yearelie present of wildfoule altered into money had not beene at his feast now since the time in which he wrote that kind of present is turned into a peece of siluer coyne vpon one side of which is the picture of a marke reaching a standarde to the Duke and on the other the names of the Duke with the yeare of his raign with this circumscription Donum A. G. Ducis Venetorum The counsell of tenne is a mightie member of the Venetian commonweealth hauing in some sort a kinde of likenesse in authority to the Romaine Dictator that was created in times of danger for in matters of great importance deepely touching the estate of the commōwealth that require eyther secresie or speed of dispatch eyther of the which shold be hindred if they shold cōmunicate the same to the great coūcel or to the Senate they may of themselues determine and end it as to denounce a warre to conclude a peace to sende a proueditor into the armie or to manage vnderhande a secret practise of eyther of which they haue many presidents of happy successe to the state alwayes in these speedy deliberations there assemble with them the Duke and six Councellers which assembly is simply absolutely called the Councell of the tenne the Councell of tenne haue certaine Gallies in the Arsenall particularly Capi de dieci heads of the ten belonging to their commandement charge signed with these two letters c. and x. for Capi de dieci The power and authoritie of this Colledge of tenne is so great by reason thereof so subiect to enuy of the rest that sundry times whē their terms were expired there was much a doe to consent to the creation of these successors for remedy of which inconnenience there was such means wrought that there was a law made that the old Councell of ten shold keepe themselues still in authority till such time as those new that should succeede in their places were created established and fully confirmed The office of Procurators though it be not any of those wherein the vertue and force of the common wealths gouernment consisteth yet it is one of the greatest most desired and best respected dignities of Venice continuing during the life of those that are once elected euen like to that of the Duke it is also one of the auncientest offices still from time to time maintaining it selfe in honour and reputation euen vnto this present age so that there was neuer in Venice any gentleman of any principall reckoning but that did thinke himselfe greatly honored with this dignitie and since the first institution thereof few haue beene chosen Dukes that had not first beene Procurators Anciently there was only one procurator appointed to haue care of the Temple of Saint Marke and of the holy Ornamentes and Treasures thereunto belonging But afterwardes vpon the death of the D. Sebastian Ciam who left a great and mighty beqeuest to S. Marke withal the ouersight and charge of al his rents reuenews to the procurator the greatnes whereof exceeding the sufficiencie of any one magistrate throughly to take care of and withall not to neglect his other charges belonging to the Temple there was an other Procurator created to take charge alone of this Legacy and bequest of Sebastian Ciam whose honest fidelitie corresponding to the trust reposed in him encouraged many at their deathes to leaue the administration of their goods vnto him insomuch that he growing vnable to beare the burthen of so many affaires there was a third procurator chosen in the yeare 1270. Rimeri zen o Belling then Duke and the busines so deuided betweene them that one should looke to the Temple and the Treasures thereof another to those Legacies that were made on this side of the greate Channell and the thirde to those that were made on the further side thereof in this Dukes time was also the fourth created and appointed to assist him that had the charge of the Temple of S. Marke and the treasures thereof in equall authority two more were made in the time of D. Giouani Soueranzo and three more in the yeare 1423. Francisco Foscaro being Duke so that they were in all nine three for the Temple of S. Marke and the church Treasures three for the ouersight of Legacies made on this side of the great channell and three for those on the further side the yeare 1509. when their Armie was ouerthrowne at Adda by Lewes the 12. king of Fraunce the commonwealth being in distresse they were contented for a summe of money to impart this dignitie to six more and since haue beene so many made that they come in all to be foure and twenty all the rest that are added to the first nine haue seuerall procuration appointed them as you may reade in the former Treatise they haue likewise authority to constraine the heyres to perform the Will of the testators they weare such fashioned garmentes as the Duke doth and are followed with many seruants in procession the six Councellers do goe before
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