For a long time the only permanent tribunal in Venice had been the

‘Magistrato del Proprio,’ which dealt with civil questions. The quarrels

of the common people were judged by five ‘wise men’--‘savii.’ Orio

Mastropiero succeeded in passing a law for the institution of a court to

deal with differences arising between Venetians and foreigners, or

amongst the latter, and this was named ‘Magistrato del Forestiero,’ the

‘foreigners’ court,’ so to say. In addition to these courts, which were

subject to the authority of the Great Council, there were the ‘Avogadori

del Comun,’ the municipal advocates, as we should probably say, who had

authority in fiscal questions, and the list is complete. The state of

Venice was directed and judged by the bodies I have enumerated.

In matters of commerce all Europe recognised the superiority of Venice

at that time, and long afterwards. A single illustration of the

practical sense of Venetian merchants will suffice: they invented

percentage, and the word that expresses it. Before them, the world had

always said, ‘so many pence in the pound,’ or ‘four-fifths,’ or

‘seven-eighths.’ The Venetians first conceived the idea, and introduced

the practice, of reducing all commercial fractions to the common

denominator, one hundred.

Orio Mastropiero further enriched the state with a permanent source of

income by giving it a regular monopoly of salt and the salt trade.

Jacopo Tiepolo, elected Doge in 1229, was undoubtedly one of the most

enlightened and intellectually well-balanced men of his age, and he

seems to have embraced at a glance all those questions which his

predecessors had examined one by one, and often only from a single side.

He conceived the idea of compiling a complete code which should be a

sort of permanent charter for the Republic, and he entrusted the

execution of his plan to four ‘learned, noble, and discreet persons,’

for that is all that is to be learned of them, through the note that

precedes the original text of their work. That text consisted of five

books destined to become famous in the history of European legislation.

This is no place to discuss a legal code, but no one who glances at

Tiepolo’s body of laws can fail to be struck by the many provisions it

contains for the protection of women and their property. I do not know

whether we ought to think that this speaks well or ill for the condition

of Venetian ethics at a time when the slave trade was already thriving,

and when there were a great number of Eastern female slaves in the

capital. On the whole, the laws may have been made with a view to

protecting honest matrons from being plundered, directly or indirectly,

by their handsome and perfectly unscrupulous rivals, whose influence was

already becoming great, and was destined to be portentous.

At any rate, the honour and the lives of honourable women were not more

carefully protected than their material interests. Every husband was

obliged to render an account to his wife of the dowry she had brought

him, and she could dispose of it by will as she pleased. A widow enjoyed

the whole income left by her husband during a year and a day from his

death, and during that time no one could by any means drive her from his

house. If she declared her intention of not marrying again she preserved

her right of residence all her life. Nevertheless, an unfaithful wife,

if proved guilty, forfeited her dowry to her husband, and he could turn

her out of his home.

Tiepolo’s civil code provided also for a case which seems to have been

not uncommon--namely, that in which a married couple, like the Doge

Pietro Orseolo and his wife, agreed to take vows and part, each entering

a religious order. The law here introduced the form of a separation of

goods, leaving each party free thereafter to administer his or her

fortune at will.

In addition to the immense labour connected with his body of laws,

Tiepolo also occupied himself with the nautical regulations which had

obtained authority by long use. I have no doubt that in so doing he used

the Amalfi marine code, as in his laws he made use of the Pandects of

Justinian, discovered in Amalfi about a hundred years earlier.

Some of the clauses are curious. Captains and owners of ships are

forbidden, for instance, to delegate their authority ‘to a pilgrim, a

soldier, or a servant.’ In case of shipwreck, the whole crew was bound

to work fifteen full days, but no more, at saving the cargo, of which

they could then claim three per cent. Every ordinary vessel was to carry

two trumpets, presumably as foghorns. Very large ships were to carry a

sort of orchestra, consisting of two bass drums, one drum and one

trumpet. The marine code has some interest also, as indicating the

general nature of the merchandise carried by Venetian vessels: woven

stuffs, pepper, incense, indigo, sugar in the loaf, myrrh, gum arabic,

aloes, camphor, rice, almonds, apples, wine and oil are to be found

mentioned, with many more articles of commerce.

Tiepolo’s code bears the stamp of a sort of generous but not foolish

simplicity, which really survived in the Republic until dreams of

foreign conquest brought her into danger, and she awoke to find that

dangerous enemies had wormed their way even into the ducal palace. It

was then that she began to multiply magistracies and to frame

innumerable laws that interfered with and neutralised each other; and so

she lost in strength what her system gained in details. There was far

more wisdom in the five books of Jacopo Tiepolo’s ‘Statuto’ than in the

innumerable volumes of laws that were put together from the fifteenth

century to the eighteenth. It may be asked whether Tiepolo’s code

sufficed because the people in his time were virtuous and law-abiding,

or whether virtue and the love of law declined as the number of laws

increased. The latter hypothesis can certainly be defended.

[Illustration: THE HOUSE OF FALIERO, PONTE DEI S. S. APOSTOLI]

VII

THE FOURTEENTH CENTURY IN VENICE

To the majority of people the fourteenth century in the history of

Venice is memorable only for the great conspiracies which took place in

that period, and which, even in the minds of cultivated Italians, seem

to fill it completely, though only two, or at most three, are recorded,

and the action of each in turn was of short duration. These three great

conspiracies were those of Marino Faliero, of Tiepolo, who was at the

head of a

[Illustration: THE TIEPOLO PALACE]

vast movement, and the third may be described as that of Marino

Bocconio, whose history is not yet known in all its bearings. Bocconio,

in lack of trustworthy details, has been crowned the martyr of the

aristocracy; Tiepolo has been exalted as one who nobly and generously

sacrificed the interests of his caste for the general good; as for

Faliero, he is almost universally looked upon simply as the jealous

husband of a young and beautiful wife. Thanks to the efforts of

innumerable novelists and playwrights, these three figures represent to

the average reader of history a synthetic picture of the whole century,

and stand out gigantic, dark, and blood-stained against a gloomy

background of barbarism, imploring pity or crying out for vengeance to

all future ages.

The most striking pictures are not always the best portraits, as we all

know, though we are often inclined to forget it. Most of us at one time

or another have stood before a painting by Caravaggio or Gherardo delle

Notti, in which men are seen in the act to move, half lighted by a

flaring torch, and we have felt a strange and strong desire to know

where they are supposed to be and whither they are supposed to be going.

Our eyes search the black depths of the picture as if we were peering

out into the darkness of a starless night, with an instinctive wish to

distinguish some detail that may explain the figures in the foreground;

and, failing to find anything, we turn away as from a vision seen in a

bad dream. We shall not forget the strong features, the tremendous

muscles, the mysterious anxious eyes, and when we think of them we shall

still wonder where those men were, in a cavern or out of doors, in the

crypt of a church or in the forest, and whether they were alone or were

followed by a crowd in the darkness. Who saw them pass? Who heard their

low and anxious voices? Upon what nameless errand were they bound?

I have often thought that impressions much like these are produced on

most minds by the names Bocconio, Tiepolo, Faliero. Yet each of them, in

true history, had his companions, his friends, his enemies; and if each

stood alone as a type, yet all were the result of their own times, and

every one of the three was in himself the cause of a separate train of

events.

Hitherto the story of Venice has been that of her growth; she has risen

from the waves in the clear breath of the northern Adriatic, at once

gentle and full of life; she has grown up into the light, full of a

sweetness of her own, but burning with youthful courage, and suddenly,

in the period of which we now have to treat, she has changed from a

child to a full-grown woman. Pursuing, or pursued by, the impression of

her strong personality as a living creature rather than as the capital

city of a great power and the scene of action in the lives of great men,

we may compare her to a woman of divine beauty, yet almost tragically

jealous of her own freedom, fierce to her enemies, dangerous to those

who trust her, a loving mother to her children so long as they are

obedient, but a ruthless and cruel queen towards her rebellious

subjects. A woman, in short, possessing a sort of dual nature, aspiring

to the dignity of being feared, yet moved by the desire of love; so

unwilling to submit to the slightest influence of another that she would

willingly despoil herself of all her riches and of every possession, and

shed even the last drop of her blood, rather than forego the smallest

shred of her proud independence.

It is true that the figures of the great conspirators are very prominent

in the picture we evoke of those times; yet beside them stand great

captains, law-givers, and artists, and the background is filled with a

most interesting population devoted in turn to labour and pleasure, to

commerce and to war, and full of the pride of a life of its own. The

germs of corruption are already manifest, but they will not develop

until a later time, when the beautiful lady, Venice, less young indeed,

but imbued with a charm more subtle, descends to the slow enjoyment of

the fruits of her victories, and loses herself in the intoxication of a

perpetual carnival.

Historically speaking, the fourteenth century in Venice begins two or

three years before 1300, since the year 1297 is separated from those

which preceded it by a far greater distance than it is from the

beginning of the fifteenth century, owing to the profound changes

brought about in the government and life of the city by the closure of

the Great Council.

The history of the century in which the Republic reached the culminating

point of her strength and development begins quite naturally with a

glance at this memorable law and its consequence. The famous measure

which, officially at least, changed the already ancient commonwealth of

Venice into a government which, though aristocratic, still proposed to

be republican, was not the work of a day any more than it was the

creation of any one doge. It was not a revolution, but rather the result

of a slow, inevitable evolution, peaceful in character, of which the

first beginnings can barely be traced, far back in history, in the

struggles of rival factions of the aristocracy.

So far as factions are concerned, none but those of the nobles ever had

any influence on Venetian history, for the parties that existed amongst

the people never engaged in politics, and while they bore one another

many a traditional grudge that had its origin in the early jealousies of

the settlers, we never find them mixing in conspiracies against the

government or breaking out in sedition and rioting. Even the mutual

hatred of Niccolotti and Castellani disappeared completely as soon as

the need of public defence called out the genuine patriotism of both.

In brief, the following is the story of the ‘Serrata,’ the closing of

the Great Council for the exclusion of the people, a measure without

parallel, except, perhaps, in the legislation of Rome.

[Sidenote: _Rom. ii. 90, 341._]

According to a statute which regulated the election and the offices of

the Great Council in 1172, and which was perhaps instituted in that

year, the Council was composed of a variable number of members,

originally four hundred and eighty, and never more than five hundred,

who were elected every year without any distinction of class from the

principal citizens, and undoubtedly, in the great majority, from the

aristocracy.

The position it occupied in the Republic has, I think, no example

elsewhere. In one shape or another it had always existed, and there was

an aristocracy amongst the first fugitives from the mainland; from that

time on, the nobles and the people, the tribunes and the artisans, had

fought like comrades against the barbarians, as well as against the

elements of nature. Like shipwrecked men of one country, speaking one

language, they had been as brothers; the noble families had been the

chief defenders of the new home, and its earliest law-givers, and they

transmitted to their descendants a traditional influence which was

rarely misused in earlier times. The people did not hate them, as the

populace has always hated the aristocracy in agricultural countries; for

agriculture, where the poor work on the estates of the rich, seems to

degrade both alike, or at least to brutalise them, whereas men who till

their own lands almost always grow in character and independence. In

Venice, while the people looked up to the nobles as their intellectual

and social betters, they did not cease for a long time to regard them as

their allies and helpers.

The nobles, therefore, had taken the lead from the beginning, and they

kept it without difficulty and almost without opposition; in politics

the people effaced themselves, trusting to the ruling class to maintain

the liberties of the maritime state abroad, both in the east and the

west, and confident that the commerce and art of Venice would continue

to develop under its influence. The nobles were ambitious, it is true,

but they had nothing to gain by oppressing the people, for they were

themselves the principal creators of the public wealth. They dominated

the people,

[Illustration: BOATS OFF THE PUBLIC GARDEN]

which is quite another matter; until the fifteenth century they cannot

fairly be said to have abused their power, and the privileges they kept

for themselves involved the heaviest responsibilities. If they held

control of the tribunals, yet were these as ready to try the nobles, and

even the Doge himself, as to judge the poorest fishermen of the lagoons;

and though the Doge could only be a noble, his head might fall under

the axe of the common executioner, the lowest of the

[Illustration: COURT OF APPEALS, GRAND CANAL]

low. Unlike the aristocracies of other countries, that of Venice never

claimed for itself exemption from justice.

These facts, which cannot be denied with truth, seem to me to show that

the closure of the Great Council was not such a violation of the rights

of man as it has often been represented to be. Soon after the middle of

the thirteenth century, the nobles seem to have judged the times ripe

for the great change, and a sort of preliminary weeding of the Council

began.

[Sidenote: _Rom. ii. 342._]

In 1277, apparently in order to lend dignity to an assembly performing

such high duties, a measure was passed which rigidly excluded from the

Council all persons who were not of legitimate birth. In 1286 the

Council of Forty, in order to assure to the nobles a constant and legal

supremacy, proposed to limit eligibility for their own number to the

members of the Grand Council, and to those only whose fathers and

paternal grandfathers had already sat there. This attempt failed, and

the bill was rejected, principally owing to the opposition of the Doge,

Giovanni Dandolo, who was an honest man, free from the prejudices and

passions of caste, and who wished the aristocracy to maintain its

position by sheer superiority of intelligence and judgment without any

legalised privileges.

[Sidenote: _Mol. Dogaressa._]

At that time, as has been shown in a separate chapter, the families of

Partecipazio, Candiano, and Orseolo, and most of all the Tiepolo, had

assumed the position of princes in the Republic. Each of them could

boast of several doges, and all hoped to make the dignity hereditary for

themselves. The Tiepolo cherished the most ambitious designs, and were

always doing their best to win over the people. In 1289, on the death

of Dandolo, the electors within the palace heard the populace under the

windows acclaiming Jacopo Tiepolo. To have submitted to the people’s

dictation would then have meant a step towards an hereditary monarchy,

and the electors paid no attention to the cries from the street. Amongst

the candidates was Pietro Gradenigo, a man who, though ambitious, was

highly gifted and sincerely devoted to his country, and had always

endeavoured to guide the Great Council towards an ideal aristocratic

form of government which alone, in his judgment, could save the State

from a selfish monarchy on the one hand and a feeble democracy on the

other. The electors chose Pietro Gradenigo.

[Sidenote: _Rom. i. 344._]

In 1296 he brought forward a measure which, it must be admitted, would

have been an act of vengeance upon the people for attempting to proclaim

Jacopo Tiepolo as Doge, and for receiving the announcement of

Gradenigo’s regular election in silence and ill-concealed discontent.

The Doge now proposed to reform the process of election, as had been

contemplated by the bill of 1286, but at the first attempt the measure

failed, owing to the determined opposition of the Tiepolo family and

their friends, who formed themselves into a party, which they called

conservative. It was brought forward again in the following year,

however, and passed by a majority of votes. It restricted the right of

eligibility at each annual election to those who had sat in the Great

Council during one of the four preceding years, and it required that

they should receive at least twelve votes from the Council of Forty

which elected them. This was a successful stroke, for the Council of

Forty consisted wholly of nobles, who would use their elective power

altogether in accordance with Gradenigo’s intention.

In order not to rouse the opposition of the people by giving the law an

absolute form, it was declared to be only provisional, and to be in

force from one Saint Michael’s Day to the next, that being the date of

the election.

A year passed. So great was the prestige of the aristocracy and its

power, and so completely accustomed were the people to be guided by it

and to be despoiled by it of their rights, that the resentment aroused

by this so-called provisional law was not enough to prevent its becoming

a lasting one, though its general form was still subject to possible

variations.

[Sidenote: _Galliccioli, i. 330._]

Grave dissensions, however, appeared in the caste of patricians.

Gradenigo found himself opposed on the one hand by the Tiepolo faction,

on the other by certain families which, although descended from the

ancient tribunes of the island, and consequently of most ancient and

respected race, were excluded from the Great Council, merely because

they had not been represented in it during the last four years. It

became necessary, therefore, to modify the law in the following

manner:--

It was decreed that all who had sat in the Council themselves, and all

who, though they had not had a place there themselves, could prove at

least one ancestor a member of the Council since 1172, should be

eligible for the Council, by the vote of the Forty. It is a remarkable

fact that the word ‘nobles’ is not to be found in any of these decrees;

but it was clearly useless to insist upon a mere word when the whole

aristocracy, which had proposed and passed the law, was to profit by it.

The nobles never lost sight of a possible danger to themselves in the

resentment of the people.

Last of all, it was decreed that those who had never themselves sat in

the Council, nor had any ancestors who had been members, should be

considered as ‘eligible by grace.’ This was done in order to leave a

shadow of hope to ambitious men of other classes, an idea that they

might some day be admitted as ‘new men’ into an assembly which was

shutting its gates for ever. As a matter of fact, in the beginning a

limited number of councillors ‘by grace’ were created, and some were

chosen for their own personal merits, or to quiet the ambition of

certain turbulent citizens. In order to be admitted in this manner, it

was necessary in the first place to receive twenty-five votes from the

Forty, and the votes of five out of six of the Doge’s counsellors. A few

years later, admission was made still more difficult by requiring thirty

votes from the Forty, and it is likely that under this law very few ‘new

men’ were ever elected. Venice was still far from the days when the

first comer would be able to buy a seat in the Great Council at

auction, in order that the proceeds might help to pay the interest on

the public debt. The exclusion of illegitimate sons, which was already

in force, was maintained, and it was further ordained that no one under

twenty-five years of age should enter the Council. The latter measure,

however, was soon followed by a palliative one. Each year, on the fourth

of December, the feast of Saint Barbara, the Doge placed in an urn the

names of all young nobles twenty years of age, who at twenty-five would

have the right to a place in the Council, and thirty of these were drawn

by lot, and received permission to be present at the assemblies of the

Council from that day, but without the right of voting; this constituted

a sort of novitiate in those duties to which, at the regular established

age, the young men would be called. The process of admission was called

‘coming to the Barbarella.’

It appears to me that the last word contains a play on words; for it may

mean ‘the little Barbara,’ the saint on whose feast the lots were drawn,

or it may mean the down on the chin of a youth of twenty, ‘the little

beard,’ for though an improperly formed diminutive, it is quite a

possible one in dialect.

As may be imagined, the nobles showed the utmost haste and anxiety to

prove their rights before the ‘avogadori,’ or counsel to the

commonwealth, whose duty it was to decide upon them. In some cases there

was evidence that an ancestor had sat in the Council at the end of the

twelfth century, but it might be that there were no documents to prove

it, and the most

[Sidenote: _Galliccioli, i. 331._]

extraordinary means were resorted to, to persuade the judges of the

truth of the assertion. Some families, in order to prove that they were

nobles, which of course was the real object of the inquiry, adduced the

fact that they possessed great quantities of arms in their houses. The

number of persons who, without the slightest chance of proving their

rights, inscribed their names on the books of the avogadori, beginning

in 1315, was so great that it was found necessary to impose a fine upon

those who had done so without any chance of establishing their claim,

and all titles whatsoever were carefully examined before being allowed.

It is almost needless to say that the families about whose right there

was no doubt possible did their very best to exclude all the rest.

As soon as the first list of members by right, and members who were

eligible, was made out, it was decreed that they required to be elected,

if they had attained the age of twenty-five years, in order to sit at

the Council. It appears that no matter what the precise number of the

members under this category might be, a certain number were always

elected from among the ‘eligibles,’ a fact which explains the changing

number of councillors in each year. There is reason to believe that the

assembly had never consisted of more than five hundred members before

1297, but that after the law passed in that year it reached (1340) the

number of twelve hundred.

Salve Venetia, gleanings from Venetian history; vol. I · 第 8 / 28 段