the Lawes every City is Governed according to her own Statutes and Customes so that except by Publick Readers in the Schools there is no mention made of the Civil Roman or Imperial Lawes and what is read in these Schools at Padoa especially is more for shew and ostentation and to bear up the credit of the place then for any use and observation of them For the Republick within this century of years hath taken away not onely the Authority but also the very name of Imperial or any other name relating to Monarchy out of her State and hath deprived the people of their priviledges of creating Notaries of Knighting Legitimating Naturalizing and the like It is also forbidden to Notaries to use the name as Imperial or Royal So that all things are done by the Name and Authority of Venice it being their pleasure that upon all occasions of High Justice Degrees and Honours the Lawes of the Cities and places and sometimes of Venice her self be observed in all places As to the manner of their judiciary proceedings things are judged and decided according to a long custome and experience of many years more then out of any learning gotten by studies seeing the Nobility of Venice not only doth not follow the study of the Law but also they think it were a shame for them to do it so that instead of it they learn a little of Phylosophy and something of Rhetorick whereby they are enabled to make discourses upon occasion and this I say as to the generality there being amongst them persons of a deep and Universal learning However they have certain forms of cases decided before which are registred and kept upon record and from this as from the advices they receive from some Lawyers they carry along with them they are enabled to give sentences and pass judgments which as in other places are sometimes unjust and very prejudical to the parties The thing they mind most of all is to instruct themselves of the Lawes and Customes of their Republick wherein they succeed well But those who are employed to be Ambassadours in forrain Courts and those who are Lawyers and plead causes study both Law and Learning though the Art of relating Histories well and the belle lettere or curious humane learning be that which they affect most of all As to the rest practise more then theorie is their guide but as this experience is of two sorts the one from the long standing of the world which doth afford general rules and the other is that which men acquire in particular through the course of their life which if it be without great parts and learning is so confuse and cloudy that hardly it ever comes to that degree of excellency which is found in some actions and the judiciousness of some men Hence it is that this bare experience and without method proves very often prejudicial to particular men and dangerous to the Republick because it learns to undo more then to do and never knows order but by the sight of disorders So it happens sometimes to this Republick for sending often young unlearned and unexperienced men to be Governours of Cities and places who thereby commit many errours and disorders whereof the worst falls upon the Subjects who are thereby involved in many troubles and charges However the Republick is very severe in punishing those faults which these do commit of a set purpose especially if they suffer themselves to be bribed to do some unjustice Upon this account a Nobleman who had been possessed in Crema was beheaded some years ago because he had received as it was proved fifty pieces in Gold with promise to favour the giver And as the very report of a bad administration of Justice and Government is sufficient not onely to have the Nobles hereafter excluded from further preferments but also to cause them to be punished for the present and to make them forfeit their reputation which also reflects somewhat upon their families So when they come to the discharge of their employments they are very careful of doing justice and of promoting the publick good and what abuses they commit are acted with great dexterity So that for all the particular failings I have mentioned which are altogether unavoidable in humane things that Republick for the right and just administration of her Government must receive her due praises and although in point of life and death amongst them one friend be very earnest to solicite for another yet as to civil matters to speak in a mans behalf it would do him more harme then good It is true as to their seats of Justice that there is nothing so tedious and so chargeable as the suits that are before them neither is there any place where are so many Courts of Justice as in Venice and in the Cities of her Jurisdiction for the poor people who are at Law being forced to follow appeals to Venice are put to tedious and extraordinary charges and see no end of their causes especially if they are to deal with some of the Nobles or other rich persons for in all places where Appeals are admitted the richest will tire out the poor So that this is one of the greatest faults of that Republick but it is committed upon a politick account as we said elsewhere to keep people in exercises and the Courts of Justice in credit Now in Venice are all the Courts and Tribunals following First the Court of the Procuratore which judgeth of things relating to the Proctors Before this Court are brought matters of Legacies differences arising between men of different profession concerning the same and Controversies between Husbands and Wives The Court della Petitione of Requests hears Causes of above an hundred Venetian lire or pounds that is four pound in English or thereabouts concerning those whom guilt made fly away orders the pawning and surveying of goods in the Custom house obliges men to stand to their bargains and agreements made by word of mouth or in writing doth Tax and Regulate charges upon the desire of the Commissioners or rather Executors settles and confines expence of those who are under age decides differences about Wills and Confirmes Arbitrary Sentences from fifty Duckets downwards The Office dell ' Fuarastiero of forrainers judgeth Cases between Venetians and strangers and about house-hold stuffs Boates hire and of accidents depending thereupon as when wares are cast into the Sea out of Ships it doth not relieve Causes about less then ten Duckets but it proceeds summarily The Tribunal dell ' Mobile of moveables judgeth of things of fifty Duckets and less 't is of its jurisdiction to decide controversies about moveables disposed of by Wills and Testaments and of other things which a dead man hath done in his life time if it be his own hand-writing signed by two witnesses The Tribunale dell ' proprio judgeth of four things of concernment the first is the matter of portions after a divorce and of joyntures the
Chief Citizens who are appointed for that purpose by vertue of an ancient priviledge of the City of whom one half are Gown-men and the other half are Trades-men and they ever have a share in matters of justice with the Rettore and his Court and this jurisdiction is called the Consolaria whence it is that constantly they over-vote the Potesta this is the name of the Chief Magistrate in every City and his Court This is their way of absolving or chastizing the guilty for the faults which daily are committed amongst them but because the Republick took notice that in crimes of a higher nature justice was not duly administred after a debate upon the matter it was resolved to elect an extraordinary Magistrate called Avogadore who upon occasion of hainous faults should go into the City to get secret informations of the whole business which being done he brings it to Venice where sentence is pronounced Thus great mischiefs are restrained and justice is duly executed but this manner of proceeding displeases very much and causes great alterations in the minds of those high spirits who see their priviledges are thereby weakned and derogated from however the Vicentines seeing they have in their hands no strong holds nor none that can be made such think it fit to yield obedience in a thing which is just in it self Now follows the City of Verona which hath six miles in circuit she is one of the fairest within the Venetian Dominions with a very large Ditch Counterscarps and good Bulwarks in the midst of it is the Castle very strong stored with all manner of provision and ammunition the City is strongly seated in the midst of a great open and champion Country and in a place somewhat high 't is backt with some little hills upon the which is another Castle with other strong fortifications which command the Countrey about and through the middle of the City runs the River Agide very great and navigable which falling into the Gulf of Venice the City may easily receive thence supplies of men and provision She is one of the Chief Keyes of Italy towards Germany as it appeared clearly in the wars of Maximilian and Charles the fifth Emperours against the Republick That it hath been a considerable City the Amphitheatre there which is the least defaced of any in Italy doth testifie and Histories tell us that when some of the Family Seala were Lords of it she was the head of a potent State of which Padoa Vicenza Treviso Ceneda Belluno Feltre Brescia Parma and Luca were members Part of its Territory is barren of sixty miles in length but for the unfruitfulness there is never great plenty in the City which as well as Vicenza hath the Consolaria and though those of Verona be not so bad as the Vicentini nor do not so many mischiefs yet upon extraordinary cases the Avogadore is sent to them which the more it appears unjust the more 't is unsufferable for them to see this breach made to their priviledges and they are the more exasperated when they see that Governours act sometimes contrary to their Laws and Customes Within the Jurisdiction of this City are two indifferent good strong holds one is Legnago towards the Mantoan which also doth defend that part of the Padoan the other is Peschigra of a far greater concernment then the former for 't is accounted to be the Key of all other places beyond the River Mincio whence 't is easie to make incursions upon all other places thereabouts if once this were lost all the rest would be in a great danger Those of Verona are accounted to be of a proud nature of a fantastical humour To this purpose I think it not amiss to mention a Proverb usual in those parts when some great mischief hath been committed there which happens very often they use to say Such a mischief hath been committed according to the custome of Padoa Vicenza and Verona whereby is meant the number of murthers without grounds which is according to the temper of the people The truth is a great number of murthers and of like mischiefs is daily committed in those Countries and in the rest of the Republick and as far as I could observe this is chiefly caused by the example of some of the Nobles and by the favour they shew to delinquents in such cases 'T is very strange that upon a Tryal for a mans Estate no body will speak a word for him for in this matter they are just enough but upon life and death for murther or any other wicked act provided it be not against the State there will be friends enough to speak on ones behalf So that in this justice often is corrupted by favour Those of Verona are further of a High and Lordly carriage because they are very rich but spend it very profusely and often they run very deep into debts Then is Brescia a very Noble City sited in a levelled ground yet at the foot of some hills it hath four miles and two hundred paces in circuit Upon the hill is a Castle of very great strength with Ravelins Bullwarks and sure places for succours infallibly to come in with such store of provision and ammunition that according to probability they may hold out for several years in their own defence There are also springs of very good water with a matter of six score pieces of Ordinance Between the City and the Castle are places under-ground and Vaults very deep through the which can come to them all manner of relief Above the City is a ditch of thirteen paces broad with Bullwarks and the Walls have good Ramparts in it are above 62000 Inhabitants who are so throug'd by reason of the great quantity of Wares especially of all manner of Armes that in it there is no place empty and as Verona is the fairest this is the richest and the most Merchant of all others There are not many fine houses for those of Brescia do not much care for the Magnificence of Palaces The Territory is 100 miles in length and 50 in breadth and about 300 in compass and is full of all things This City hath within her Jurisdiction above 240 Towns wherein are accounted to be 350000 Souls Moreover the City enjoys a very noble priviledge viz. That no man of what Nation soever he be though he were a Venetian may purchase any Lands within her Territory except he be a Brescian and herein doth consist the safety and the greatness of that people all the States thereabouts remaining incorporated to the Citizens So that for this as other Concessions which the Republick hath granted them Namely That the Citizens are chosen to be Rectors Potestá or Magistrate of all Towns and Castles within their Jurisdiction Brescia is the happiest of all other Cities within the State of the Republick They have further in their hands two Fortresses of concernment viz. Asola and Orcinvovi which last hath been of late repaired and reduced to
second about differnces arising between Brethren when they divide any State the third is concerning successions ab intestato when a man hath made no Will The fourth is matter of bounds and limits of buildings that one doth not encroach upon anothers ground and the like Further this Court judges of all Causes between nigh and strict relations The Court dell ' Essaminatore examines witnesses ad perpetuam rei memoriam takes cognizance whether sales were well or ill made and intervenes to sales made by the Commissary doth sign the instruments of Donation and keeps a register of all conditional Legacies There are also li Cattaveri who take care to recover those goods which fall to the State from them who dye without making any Will and leave no Successours they revoke and take away penalties laid by other Judges if they think it fit they sell all Incanto by the publick Cryers invitation in the name of the State those Lands which belong to it to those who offer the most at port-sale They are judges of things found at Sea and of treasures discovered under ground They hear differences between those who go in pilgrimage to Jerusalem and the Masters of ships who carry them wherefore in this Office is written the name of every Pilgrim bound for that place they also decide matters of prices The Piovego doth judge about contracts of Usury Of Causes about high wayes and takes care that no particular man doth build or otherwise trespass upon the Channels or upon the Streets The Office of the Sindici is to oversee unreasonable and excessive charges made in the acts of Justice they take the place of ordinary Judges when they are chosen by the parties The Sopragastaldi are ordinary Judges of the Execution of Sentences they sell goods by an intermitted Sentence and hear differences about Intermissions Executions and Contradictions The Superiori are to censure and mend the acts of the Supragastaldi in those errours which may happen to arise from their Sentences The Auditori Vecchi are to hear the Appeals of the City Causes of the Courts of St. Mark and of Rialto they either do refer Causes or else bring them into the Quarantia civil Vecchia They judge whether the testimony of Witnesses ought to be received or not and generally the causes of Compromessi or references to Arbitraters are brought into this Office The Auditori Nuovi hear of Causes from abroad by way of Appeal they interpose arbitrary sentences where judges have judged amiss they order suspention of tryals for two months In a word this Office decides all broils made by Rectors of places receiving all Appeals except from two like sentences After these Rectors are gone from their Government the Auditori do receive Appeals one month after within the State called Trevigian and of other Cities and Castles two months after But about Sea-affairs they receive it at all times receiving priviledged persons and things as Orphans Widows the poorest sort of people to whom no time is limited to Appeal and Churches Universities and pious places Their letters of Appeal do usually suspend definitive Execution except within the Trevician State the Sebenico and places of the Levant Within the Frinli Appeals are decided within four months otherwise they are executed by Sureties The Auditori Nuovissimi judge of Causes to the value of fifty Duckets and less for those of more they come before the Auditori Nuovi The Lords di notte in Civile or Civil Causes take cognizance of Leases of Houses matters of cheat see that bonds made about charges at Law be executed and are likewise Executors of Sentences passed without the City The Lords di notte in Criminale in Criminal Causes are appointed to prevent and stop fires within the City to keep goods orders at nigh and hinder all manner of violences even by drawing of blood and wounding if it cannot be done otherwise These being joyned with the Quarantia do order the punishment inflicted upon thieves and against Husbands who have more then one Wife and against Wives who have many Husbands they chastise those who have defloured Maids killed Thieves or bought stollen goods They have authority over the Jewes who kept communication with Christians and also they punish Physitians Apothecaries and Chyrurgeons who do not declare who are those who lay under their hands to be cured of wounds The Quarantia vecchin Civile doth judge of Causes of the Auditori vecchi which themselves have brought into this Court where also is debated about pardons graces and amnesties granted to Malefactors they judge of Baloting between equal numbers or when there is no casting Vote or Ball and they see that in baloting the oath taken be observed They also receive Appeals from Judges within the City and wo be to them who have any thing to do here upon that account for nothing in the world is so tedious as are their proceedings The Quarantia Nuova hears Causes brought in by the Auditori Nuovi once a month gives in a Cause to those about the Kingdome of Candia with some other dispatches and provisions and also receives some Appeals from Judges in the Country One must be past 30 years old to be admitted into these Quarantia's The Collegio of the 25 passes definitive sentences upon Causes of 300 Duckets and less For the space of two months hears the Causes of the City and for two other months those of the Country The Quarantia Criminale doth decide Criminal Causes as well Originatively as brought before them by way of Appeal The Avogadori do bring them in as into their right and proper Council where they are debated Pro and Con the States Council speaking against the guilty whom answers are returned to by the Advocate of the prisoner or by the Straordinarii Likewise the Sindici or the Overseers of Governments at Sea do speak against the guilty as do the Avogadori They also supervise the acts of publick Notaries The Lords All Acque about waters are the Overseers of Lakes Ponds and other fresh waters They take care that the Channels be kept clean The Lords or Signiore all' Biade take care that the City be plentifully supplyed with all manner of provisions So for the Sea places and the like Those All' Sanità for health look to every thing that might bring an infection into the City as Diseases or any filthy and corrupt thing that is brought to be sold Physicians who are willing to practice must take a License in this Office as Mountebanks and others who appear so upon Stages must also do so Herein are entred the names of Cortagiane or prostitute women at present as it is guessed to the number of twenty five thousand or there abouts besides the number of those who are private and of married women which must needs be vast in so populous a City The causes of which I think to be in part the nature of the Climate of the Dyet the temper of the people and in part that
actions they avour one another not knowing how soon it may happen to be the turn of every one of them upon this account they go unpunished so that of a hundred hardly the third part is accused and of these the proofs are clear hardly against the half and those who are convinced are but slightly punished so that this proceeding encourages them to be imperious peremptory and unjust to others Yet the fault of this is not to be attributed to the Magistrates for in things of concernment they are very exact in doing justice when they who are wronged apply themselves to them for redress But the question is how they may bring in their complaints to them which is very difficult not only because clear proofs are not easily brought in against them some of their excesses being committed either in the dark and secretly or very dexterously but chiefly because as soon as a Nobleman hath misdemeaned himself he stops proceedings against him either with threatnings or flatteries promises and if need be with money which indeed is the last remedy they use but for the most part they lay the fault upon the Bravi that is in plain English the Hectors who being men of no fortune do for a subsistance accompany them and act according to their orders or else upon some of their Servants whom they send out of the way or they induce some to be false witnesses for them whereby they put a cheat upon the Lawes and Justice whence we see that in Venice they have also as in other places a new Logick and a way of drawing strange consequences as this He is a gallant man for he hath three or four thousand pound a year because by the strength of his monies he can come off with any bad and base actions like great flyes who having strong wings fly through cob-webs when poor weak ones are caught So that if sometimes it falls out that a Nobleman be punished with Exile or Prison in a short time he is released by the means of friends and monies This shews how the best things are apt to be corrupted and that this Republick so famous and so excellent doth degenerate in her members which in time may infect the head and the whole body for bad humours of this kind are apt to break out at one time or other especially in this place where the old as the young Noblemen are divided into factions and parties and have intestine hatred one for another and against the Citizens with the former by reason of envyings in point of honour and dignity with the latter upon the account of Riches and this ever causes corruption in a Common-wealth Hence it is that on the other side Subjects of all degrees and qualities are dissatisfied for things named before and particularly seeing themselves deprived of their goods upon slight grounds and that they cannot enjoy charges and offices wherein they think themselves used not as patriots but like strangers Merchants also and Tradesmen have some grounds of discontent because the Nobles having of late turned their Trade which was by Sea into that which is by Land either by Authority or by strength of monies have ingrossed it to themselves whether it be Corn Wine Silks Iron Wool Timber Coals and any other considerable commodities which is the cause of complaints and miseries pitty-worthy for the Nobles being monied men they get things over the head of their inferiours But the worst is that these excesses are committed in a cruel manner and they in great numbers are sent into all parts of the Dominions where they extort from the Subjects monies to satisfie their Covetousness and Ambition and act many unjust things which are effects of their tyranny but are the cause of the damages and injuries of Subjects whereby justice is perverted charity destroyed honesty suppressed the fear of God removed from before their eyes and the people defrauded of the protection they have a right to expect whence sad consequences may be drawn against those States where crimes go unpunished for 't is not enough to see good actions rewarded if bad ones be not discountenanced though as I have already expressed the Magistrate is not to be blamed for these miscarriages yet in time these things cause ruine and destruction to States A great prosperity is the greatest enemy of men for it makes them insolent licentious bold to do evil and even apt to disturb their own rest and of others and 't is certain that usurpation abuses and other injuries take so deep roots in the breasts of Subjects that upon a favourable occasion they will resent it These corruptions as they are prejudicial to the States wherein they are spread so they prove oftentimes beneficial to forraign Publick Ministers who know how to use the Covetousness of some useful persons and their Masters monies according to the fidelity they ought to have for his interests and 't is a thing which Venetians practise and the Spaniards most of all other Nations to leave it to the discretion of their Ministers in forrain places to distribute that way what sums they think fit for which they take their word and ask no further account of it knowing that to stint and confine would not onely discourage them but also prove prejudicial to their affairs no monies being better employed then those which are laid out upon such occasions and though they should amount high yet a good advice or another good affair pays for all And in this case no manner of friendship is to be slighted or rejected though it were never so low and contemptible because it may be profitable upon some accounts and it may serve at one time or another Now as to matter of Trade which just now I was speaking of although it be commonly known to be beneficial to Nations yet because every one is not well acquainted with the reason and causes of it 't will not be amiss to say something about it not as to the particulars of it for it would take up too much time there being so many and several wayes according to the nature of places and Countries and those who understand well the manner of it are to be esteemed in a State and their advice is to be taken about the way of settling and improving it by Princes and their Ministers the truth of which is so well known and so important that in all Countryes there are Councels and Committees settled about it who are willing to hear any thing that may be proposed tending to the advantage of it and they who make a constant practice and profession of it must needs by their own experience be able to give light and directions about it and herein their opinion is to be taken as soon if not sooner then that of the greatest Statesmen if reason be joyned to their experience The truth is I look upon this as the ground and bottome of Policy for let the occasions of the State as to charges be