LETTER XIV.

Venice.

No government was ever more punctual, and impartial, than that of

Venice, in the execution of the laws. This was thought essential to the

well-being, and very existence, of the State. For this, all respect for

individuals, all private considerations whatever, and every compunctious

feeling of the heart, is sacrificed. To execute law with all the rigour

of justice, is considered as the chief virtue of a judge; and, as there

are cases in which the sternest may relent, the Venetian government has

taken care to appoint certain magistrates, whose sole business is to see

that others perform their duty upon all occasions.

All this is very fine in the abstract, but we often find it detestable in

the application.

In the year 1400, while Antonio Venier was Doge, his son having committed

an offence which evidently sprung from mere youthful levity, and

nothing worse, was condemned in a fine of one hundred ducats, and to be

imprisoned for a certain time.

While the young man was in prison, he fell sick, and petitioned to be

removed to a purer air. The Doge rejected the petition; declaring, that

the sentence must be executed literally; and that his son must take the

fortune of others in the same predicament. The youth was much beloved,

and many applications were made, that the sentence might be softened, on

account of the danger which threatened him. The father was inexorable,

and the son died in prison. Of whatever refined substance this man’s

heart may have been composed, I am better pleased that mine is made of

the common materials.

Carlo Zeno was accused, by the Council of Ten, of having received a sum

of money from Francis Carraro, son of the Seignior of Padua, contrary

to an express law, which forbids all subjects of Venice, on any pretext

whatever, accepting any salary, pension, or gratification, from a foreign

Prince, or State. This accusation was grounded on a paper found among

Carraro’s accounts, when Padua was taken by the Venetians. In this paper

was an article of four hundred ducats paid to Carlo Zeno, who declared,

in his defence, that while he was, by the Senate’s permission, governor

of the Milanese, he had visited Carraro, then a prisoner in the castle of

Asti; and finding him in want of common necessaries, he had advanced to

him the sum in question; and that this Prince, having been liberated some

short time after, had, on his return to Padua, repaid the money.

Zeno was a man of acknowledged candour, and of the highest reputation; he

had commanded the fleets and armies of the State with the most brilliant

success; yet neither this, nor any other considerations, prevailed on

the Court to depart from their usually severity. They owned that, from

Zeno’s usual integrity, there was no reason to doubt the truth of his

declaration; but the assertions of an accused person were not sufficient

to efface the force of the presumptive circumstances which appeared

against him.—His declaration might be convincing to those who knew him

intimately, but was not legal evidence of his innocence; and they adhered

to a distinguishing maxim of this Court, that it is of more importance

to the State, to intimidate every one from even the appearance of such

a crime, than to allow a person, against whom a presumption of guilt

remained, to escape, however innocent he might be. This man, who had

rendered the most essential services to the republic, and had gained many

victories, was condemned to be removed from all his offices, and to be

imprisoned for two years.

But the most affecting instance of the odious inflexibility of Venetian

courts, appears in the case of Foscari, son to the Doge of that name.

This young man had, by some imprudences, given offence to the Senate,

and was, by their orders, confined at Treviso, when Almor Donato, one of

the Council of Ten, was assassinated, on the 5th of November 1750, as he

entered his own house.

A reward, in ready money, with pardon for this, or any other crime, and

a pension of two hundred ducats, revertible to children, was promised to

any person who would discover the planner, or perpetrator, of this crime.

No such discovery was made.

One of young Foscari’s footmen, named Olivier, had been observed

loitering near Donato’s house on the evening of the murder;—he fled from

Venice next morning. These, with other circumstances of less importance,

created a strong suspicion that Foscari had engaged this man to commit

the murder.

Olivier was taken, brought to Venice, put to the torture, and confessed

nothing; yet the Council of Ten, being prepossessed with an opinion of

their guilt, and imagining that the master would have less resolution,

used him in the same cruel manner.—The unhappy young man, in the

midst of his agony, continued to assert, that he knew nothing of the

assassination. This convinced the Court of his firmness, but not of his

innocence; yet as there was no legal proof of his guilt, they could not

sentence him to death. He was condemned to pass the rest of his life in

banishment, at Canéa, in the island of Candia.

This unfortunate youth bore his exile with more impatience than he had

done the rack; he often wrote to his relations and friends, praying them

to intercede in his behalf, that the term of his banishment might be

abridged, and that he might be permitted to return to his family before

he died.—All his applications were fruitless; those to whom he addressed

himself had never interfered in his favour, for fear of giving offence to

the obdurate Council, or had interfered in vain.

After languishing five years in exile, having lost all hope of return,

through the interposition of his own family, or countrymen, in a fit of

despair he addressed the Duke of Milan, putting him in mind of services

which the Doge, his father, had rendered him, and begging that he would

use his powerful influence with the State of Venice, that his sentence

might be recalled. He entrusted his letter to a merchant, going from

Canéa to Venice, who promised to take the first opportunity of sending

it from thence to the Duke; instead of which, this wretch, as soon as he

arrived at Venice, delivered it to the chiefs of the Council of Ten.

This conduct of young Foscari appeared criminal in the eyes of those

judges; for, by the laws of the republic, all its subjects are expressly

forbid claiming the protection of foreign Princes, in any thing which

relates to the government of Venice.

Foscari was therefore ordered to be brought from Candia, and shut up in

the State prison. There the chiefs of the Council of Ten ordered him

once more to be put to the torture, to draw from him the motives which

determined him to apply to the Duke of Milan. Such an exertion of law is,

indeed, the most flagrant injustice.

The miserable youth declared to the Council, that he had wrote the

letter, in the full persuasion that the merchant, whose character he

knew, would betray him, and deliver it to them; the consequence of which,

he foresaw, would be, his being ordered back a prisoner to Venice, the

only means he had in his power of seeing his parents and friends; a

pleasure for which he had languished, with unsurmountable desire, for

some time, and which he was willing to purchase at the expence of any

danger or pain.

The Judges, little affected with this generous instance of filial

piety, ordained, that the unhappy young man should be carried back to

Candia, and there be imprisoned for a year, and remain banished to that

island for life; with this condition, that if he should make any more

applications to foreign Powers, his imprisonment should be perpetual. At

the same time they gave permission, that the Doge and his lady, might

visit their unfortunate son.

The Doge was, at this time, very old; he had been in possession of the

office above thirty years. Those wretched parents had an interview with

their son in one of the apartments of the palace; they embraced him with

all the tenderness which his misfortunes, and his filial affection,

deserved. The father exhorted him to bear his hard fate with firmness;

the son protested, in the most moving terms, that this was not in his

power; that however others could support the dismal loneliness of a

prison, he could not; that his heart was formed for friendship, and

the reciprocal endearments of social life; without which his soul sunk

into dejection worse than death, from which alone he should look for

relief, if he should again be confined to the horrors of a prison; and

melting into tears, he sunk at his father’s feet, imploring him to

take compassion on a son who had ever loved him with the most dutiful

affection, and who was perfectly innocent of the crime of which he was

accused; he conjured him, by every bond of nature and religion, by the

bowels of a father, and the mercy of a Redeemer, to use his influence

with the Council to mitigate their sentence, that he might be saved from

the most cruel of all deaths, that of expiring under the slow tortures

of a broken heart, in a horrible banishment from every creature he

loved.—“My son,” replied the Doge, “submit to the laws of your country,

and do not ask of me what it is not in my power to obtain.”

Having made this effort, he retired to another apartment; and, unable to

support any longer the acuteness of his feelings, he sunk into a state of

insensibility, in which condition he remained till some time after his

son had sailed on his return to Candia.

Nobody has presumed to describe the anguish of the wretched mother;

those who are endowed with the most exquisite sensibility, and who have

experienced distresses in some degree similar, will have the justest idea

of what it was.

The accumulated misery of those unhappy parents touched the hearts of

some of the most powerful senators, who applied with so much energy for

a complete pardon for young Foscari, that they were on the point of

obtaining it; when a vessel arrived from Candia, with tidings, that the

miserable youth had expired in prison a short time after his return.

Some years after this, Nicholas Erizzo, a noble Venetian, being on his

death-bed, confessed that, bearing a violent resentment against the

Senator Donato, he had committed the assassination for which the unhappy

family of Foscari had suffered so much.

At this time the sorrows of the Doge were at an end; he had existed only

a few months after the death of his son. His life had been prolonged,

till he beheld his son persecuted to death for an infamous crime; but

not till he should see this foul stain washed from his family, and the

innocence of his beloved son made manifest to the world.

The ways of heaven never appeared more dark and intricate, than in the

incidents and catastrophe of this mournful story. To reconcile the

permission of such events, to our ideas of infinite power and goodness,

however difficult, is a natural attempt in the human mind, and has

exercised the ingenuity of philosophers in all ages; while, in the eyes

of Christians, those seeming perplexities afford an additional proof,

that there will be a future state, in which the ways of God to man will

be fully justified.

A View of Society and Manners in Italy, Volume 1 (of 2) With Anecdotes Relating to some Eminent Characters · 第 26 / 88 题