AFter a long peace, betwixt the progenitors of the Emperor Maximilian the first, and the Republick of Venice, in the year 1508, there began certain slight differences, which concluded in a notable, and most memorable war: insomuch as the Republick, for 22 years following, were with the said Prince, and with his posteritie, for divers respects, som­times in war, somtimes in peace, and somtimes in truce, until in the year 1529 all differences betwixt them were composed, and a peace concluded in Bolonia, which continued all that age, with the Emperor Charls the fifth, together with his brother Ferdinando King of Hungarie, and Archduke of Austria. But be­caus by the division, made betwixt the said brethren, seven years before, all the Austrian lands which confined with the Ve­netians, were laid by agreement unto the part which belonged unto King Ferdinand, the confines of which as they had conjun­cture with the lands of the Republick, were very intricate; and of great difficultie to conclude, unto whether partie they did be­long, [Page 2] as well for the publick reasons of the said Princes, as for those of their private subjects; To end all which in quiet, it was agreed that there should bee an arbitrarie Tribunal erected in Trent, for the deciding of these doubts, which in the year 1535, pronounced sentence, whereby all the differences (beeing more then an hundred) were definitively concluded.

Here notwithstanding the difficultie ceased not, becaus som did travers the execution of the sentence, so, as in progress of time, new quarrels did arise from both sides, each one pretend­ing new wrongs offered by the advers partie. Whereupon to put an end to all these differences, there was by the common consent, as well of Ferdinando (who succeeded in the Empire by the resignation of his brother) as of the Republick, a convention appointed in Friuli 1563, of five Commissaries, one Procurator, and three Advocates, for each part, who should treat of the dif­ferences, as well old as new, and should have power to conclude them, under the ratification of the several Princes. And this so great a number of Judges, was desired by the Emperor, the better to give satisfaction to his subjects, of several provinces, interessed in the caus.

Of the Imperial side, the Commissaries were Andrew Preghel a Baron of Austria, Maximilian Dorimbergh, Elenger de Goritia, Ste­phen Sourz, and Anthonie Statemberger: the Procurator was, Gia­como Campana, Chancellor of Goritia: the Doctors or Advocates were Andrea Rapicio, Gervasio Alberto, and Giovan Maria Gratia Dei. For the Venetians the Commissaries were, Sebastian Venier, Marino de Cavalli, Pietro Sanudo, Giovan Baptista Contarini, and Au­gustin Barbarigo: The Procurator was, Giovan Antonio a secretarie: the Advocates Marquardo Susanna, Francesco Gratiano, and Giacomo Chizzola.

At this Convention the complaints on both sides were opened, [Page 3] which beeing argued, and the other publick differences partly composed, and partly decided, there was taken into considera­tion a Petition of the Imperial Procurator, in this form, Ejusdem Majestatis nomine requiritur, ut posthac illius subditis, atque aliis in sinu Adriatico tutò navigare, ac negotiari liceat. Item ut damna, Tergestinis Mercatoribus at que aliis illata, restituantur. It is required in the name of his Majestie, that hereafter it may be lawful for his subjects, and others, to traffick and navigate safely in the Adriatick Gulph. Likewise that recompence bee made for the damages susteined by the merchants of Trieste, and others. And Rapicio the advo­cate did accompanie this demand with saying; that this was not a caus to bee handled with any subtiltie, it beeing a thing most notorious, that navigation ought to bee free, notwithstanding the subjects of his Maje­stìe had been constrained to go with their ships to Venice, and there to pay custom, at which his Majestìe was aggrieved, and made instance that it might bee remedied.

To this Chizzola Advocate of the Republick made answer, saying, that it was a clear case indeed, that Navigation ought to bee free, but yet those things, whereat they were aggrieved, were no waies repugnant to this freedom; forasmuch as in countries which are most free, those who have the dominion thereof re­ceiv custom, and order by which way all merchandise shall pass; and therefore no bodie should bee grieved, if the Venetians, for their own respects, did use so to do in the Adriatick Sea, which is under their dominion; and hee added, that if they intended to dispute of the business in question, hee was to advertise them, that this caus could not by any pretens bee brought into judg­ment, at that convention, which was onely instituted, for the execution of such things as were formerly sentenced and for righting of such new wrongs, which succeeded after the sen­tence; it beeing besides a thing most notorious, that the Re­publick, [Page 4] as Lord of the Adriatick Sea, did exercise that dominion at the present, which from time out of minde, it had alwaies don, without any interruption, as well in receiving of customs, as in assigning of places for the exaction of it, and that the pre­tens now alleged was new, and never before used by any pre­decessor of the Emperor, either as King of Hungarie, or as Arch­duke of Austria, or the countries thereto adjacent, or of his Ma­jestie then being, for many years, until this present time. Hee chal­lenged the Imperialists to shew, when ever any such thing was before pretended; certainly not before the peace of Bolonia; for then such a difference as this (if there had been any such) had been there determined, or referred over to the Arbitrarie Tribu­nal, wherein were handled above 120 controversies, but of this not any mention made, neither, from that time to this, was there any such pretension once set a foot. But if this were a new wrong, succeeding after the sentence of Trent, they should shew what it was, and when it had beginning, becaus hee was pre­pared to shew unto them, that any thing concerning the same, was of most ancient use and continuance, without the least no­veltie in the world; and therefore they ought not to bee heard, who came with demands, which could take no original either from the sentence of Trent, or from any innovation of wrongs succeeding thereupon.

To this Rapicio replied, thathee intended not to lay his principal foundation upon that, which to all is so well known, which is to say, that the Sea is common and free, and that by reason thereof, not any might bee prohibited, to sail unto any place, which best pleased him: and if any Doctors should happen to say, that the Republick hath a prescript dominion over the Adriatick Sea, with a long possession, notwithstanding they prove it not: and to Doctors who affirm a thing barely out of fact, without any [Page 5] manner of proof, little belief is to bee given; for which caus, hee would not dwell upon that, but would com to his principal reason, which was, that admitting the Republick to bee Patron of the Sea, yet the Emperor's subjects might navigate freely by the capitulations, which were established betwixt the Princes on both sides, and therefore the Petition proposed was pertinent to bee handled by the said Convention; to which (hee beeing so required by the Venetians) added this for a foundation, Quia li­bera navigatio Maris Adriatìcî cùm Majestatis suae Caesareae, tum subdito­rum damno & incommodo, ab Illustrissimi Domini Veneti triremium Prae­fectis impedita fuerit, contra Capitula Vormatiae, Bononiae, Andegavi, & Venetiis inita: Forasmuch as the free navigation of the Adriatick Sea, hath been hindred by the Captains of the Venetian's Gallies, to the loss and prejudice of his Imperial Majestie, and of his subjects, against the Capitulations of Worms, Bolonia, Angiers, and Venice. And here hee produced a passage of the Capitulation of Bolonia which spake as followeth; Quod communes subditi liberè, tutè, & securè possint in utriusque statibus & dominiis tam terrâ, quàm Mari, morarì & negotiari cum bonis suìs, ac si essent incolae, & subditi il­lius Principis, ac Dominii, cujus patrias, & Dominia adibunt; provìdia­túrque, nè vis aut aliqua injuria, ulla de causa, eis inferatur, celeritérque jus administretur. That the subjects of either partie may freely, safely, and securely abide, and traffick with their goods, in the States and Dominions of one another, in like manner as if they were inhabitants, and subjects of that Prince and State, into whose countrie or Dominion they do com: and that it bee pro­vided, that no violence or injurie, bee for any caus whatsoêver offered them, and moreover that justice be speedily administred. Hee also recited the capitulations of the truce of Angiers and Worms, and of the peace of Venice, which is not necessarie here to repeat, beeing of the same tenor. Hee did rest much up­on [Page 6] the word liberè, considering that liberè is joined to the word Navigare: by which it ought to bee understood, according to the common construction of law, that everie one might navigate freely; but hee cannot bee said to bee free, who is constrained to go to Venice. Hee added moreover, that the word liberè could not bee imagined to bee superfluous, but must of necessitie ope­rate somthing; that the two words, tutè & securè, could im­port nothing els, but without impediment, or molestation, or paying of customs; to this hee added, that there were then 400 complaints of his Majestie's subjects, whose vessels were com­pelled to go to Venice, and there made to pay custom, for happen­ing onely to arrive in the ports of the Venetians, either by fortune or som other occasion. Hee read the sentence of a Rector of Liesina, who freed a ship, which touched upon that Island by chance; and hee made a narration, that certain barks with salt were suffred, by the Venetian fleet, to pass upon their voiage, without sending them to Venice. Hee concluded that his request extended to these three points. 1. That the Austrian subjects might Navigate whither it pleased them. 2. That arriving in any port of the Republick, onely per transitum, they should not pay any thing. 3. Lastly, that coming to trade in any of them, they should not pay more, then the subjects of the Re­publick.

Chizzola answered hereto, promising clearly to solv all the objections introduced by the other, so as there should not re­main any place of Replie, and to shew with true and lively rea­sons, that what was don by the ministers of the Republick in the Gulph, was don by lawful Autoritie. And reserving himself, to speak of the Dominion of the Sea afterwards, howsoever presupposing it in the first place, hee began with the Capitula­tions; and first hee said, that the word, liberè, was not joined [Page 7] as Rapicio said, to any such word as Navigare, but to the words Morari & negotiari tam terrâ, quàm Mari: and therefore by liberè is to bee understood as the common construction of Law in­tend's, when one doth either dwell, or do business in the hous, or land of another, that is to say, observing the laws, and pay­ing the rights of the countrie. Hee added also, that those Capi­tulations, betwixt the hous of Austria, and the Republick, were equally reciprocal, and not made more in favor of the Austrians in the State of the Venetians, then of the Venetians in the State of the Austrians; neither was there greater libertie granted to the Sea, then to the Land; and that the words were clear enough, which import, that the subjects on both sides might stay, trade, and merchandise, in the State of one another, as well by Land as by Sea, and bee well intreated; Insomuch as the subjects of the Venetians, were to have no less libertie in the Lands of the Austrians, then the Austrian subjects in the Sea of Venice; And that by virtue of those words, what his Majestie would have in the State of the Republick, it is fitting that hee allow to them in his own State; and if his Imperial Majestie within his own State, upon the Land, will not yield that the subjects of the Re­publick shall go which way they list, but constrain's them to pass by such places onely, where Custom is to bee paid, hee cannot with justice demand, that his subjects may pass by or through the Sea of the Republick which way they list, but ought to con­tent himself, that they go that way onely, which shall best stand with the commoditie of those who have the dominion over it; and if his Majestie caus custom to bee paid, upon his Land, why may not the Venetians likewise do it, upon their Sea? Hee demanded of them, if by the Capitulation they would have it, that the Emperor was restrained, or hindred, from taking of custom? and if not, why would they have the Venetians [Page 8] tied thereunto by a Capitulation, which speak's of both Poten­tates equally with the same words? Hee shewed by a particular narration, that from the Peace of Venice 1523. until that present, the Emperor had increased his customs, to the grievance of the Venetian subjects, in victuals and merchandise, which passed from the one State unto the other; insomuch as that which formerly paied but one, was now increased in som to 16, and in others to 20. and hee instanced in iron and other commodities, which were wont to pay little or nothing, were now raised to such an excessive custom, as proved much to the damage of the Venetians; besides they were forced to pass onely by such places, where they should pay custom, out of which to pass, it was Contra banda, and their goods confiscated. And if his Majestie think's it law­ful to do what it pleaseth within his own estate, without break­ing of the Capitulations, hee cannot think that the Venetians do­ing but the same, should contrarie thereunto, any waies offend. Hee added, that in every Peace established betwixt two Princes, after a war, it is necessarie that their subjects may live and trade together, not to the excluding of customs, although there bee excluded the violences, hostilities, and other impediments of trade, which were formerly used in time of war, neither is the autoritie of the one, or other Prince, thereby taken away or re­strained by Sea or by Land.

At the force and clearness of this discours, the Austrians re­mained as it were in a trance, looking one upon another, inso­much that Chizzola judging it not to bee necessarie to dwell lon­ger upon this, passed to the proof of the presupposed truth, viz. That the Republick had the Dominion of the Sea, and said; that the proposition was most true, that the Sea was common and free, but yet no otherwise that could bee understood, then as it is com­monly said, The high waies are common and free, by which is [Page 9] meant, that they cannot bee usurped by any private person, for his sole proper service, but remain to the use of every one: not therefore that they are so free, as that they should not bee under the protection and government of som Prince, and that every one might do therein licentiously, all that which it pleased him, either by right or wrong; forasmuch as such licentiousness or Anarchie is abhorred both of God and nature, as well by Sea as by Land. That the true libertie of the Sea, exclude's it not from the protection and superioritie of such as maintain it in libertie, nor from the subjection to the laws of such, as have command over it, rather necessarily it include's it. That no less the Sea, then the Land, is subject to bee divided amongst men, and ap­propriated to cities and Potentates, which long since was or­dained by God from the beginning of mankinde, as a thing most natual; which was well understood by Aristotle, when hee said, that unto Sea or maritim cities, the Sea is the territorie, becaus from thence they take their sustenance and defence; a thing which cannot possibly bee, unless part of it might bee appropriated in the like manner as the Land is, which is divided betwixt cities and governments, not by equal parts, nor according to their greatness, but as they have been, or are able to rule, govern, and defend them. Berne is not the great­est citie of Switzerland, and yet it hath as large a territorie, as all the rest of the twelv Cantons together. And the citie of No­rimberg is very great, and yet the territories thereof, hardly exceed the walls. And the citie of Venice for many years was known to bee without any possession at all upon the firm Land. Upon the Sea likewise, certain cities of great force and valor have possessed a large quantitie thereof, others of little force, have been contented with the next waters; neither are there want­ing examples of such, who notwithstanding they are Maritim, [Page 10] yet having fertile lands lying on the back of them, have been contented therewith, without ever attempting to gain any Sea­dominion; Others, who beeing aw'd by their more mightie neighbors, have been constrained to forbear any such attempt; for which two causes, a citie, notwithstanding it bee Maritim, may happen to remain without any possession of the Sea.

Hee added that God did institute Principalities, for the main­teinance of Justice, to the benefit of mankinde, which was ne­cessarie to be executed, as well by Sea as by Land. That S. Paul said, that for this caus there was due to Princes, customs and contribu­tions: that it should bee a great absurditie to praise the well go­verning, regulating, and defence of the Land, and to condemn that of the Sea: that if the Sea in som parts for the ampleness and extreme distance thereof from the Land, was not possible to bee governed and protected, that proceeded from a disabilitie and defect in mankinde; as also there are deserts so great upon the Land, as it is impossible to protect them; witness the ma­ny sandie parts of Africa, and the immens vastities of the new world. And as it is a gift of God; that a Land by the laws and publick power, bee ruled, protected and governed, so the same happen's to the Sea: that those were deceived by a gross equi­vocation, who said, that the Land by reason of its stabilitie might bee governed, but not the Sea, for beeing an unconstant element, no more then the aêr; forasmuch as if, by the Sea and the aêr, they intend all the parts of those fluent elements; it is a most certain thing, that they cannot bee governed, because, whilst a man serv's himself with any one part of them, the other escape's out of his power; but this chanceth also to rivers, which can­not bee reteined. But when it is said to rule over a Sea or river, it is not understood of the Element, but of the site, where they are placed. The water of the Adriatick Sea continually run's out of it, [Page 11] neither can it all bee kept in, and yet it is the same Sea, as well as the Tiber, Po, or the Rhine are the same rivers now, which they were 1000 years past. And this is that which is subject to the protection of Princes.

Hee asked the Austrians if their pretens were, that the Sea should bee left without protection, so that any one might do therein well or ill, robbing, spoiling, and making of it unnavi­gable; this would bee so absurd, as hee durst answer for them, no: therefore hee concluded, that by a necessarie consequence his Majestie would acknowledg, that it should bee kept, go­verned and protected by those unto whom it did appertain by divine disposition: which if it were so, hee desired to know, if it seemed to them a just thing that such should do it, with the expence of their own pains, charges, and bloud; or rather that such should contribute towards it, who did equally enjoy the benefit: To this also hee durst answer for them, that they would say the doctrine of S^t Paul is too clear in the point (not to allege matter of law) that all such who are under govern­ment and protection, are thereby bound to pay customs and contributions. And thereupon hee concluded, that if the Republick were that Prince, to whom it did appertain to govern and protect the Adriatick Sea, it followed necessarily, that whosoever Navigate's it, ought to bee subject to their laws, in the same manner as such are, who travel through a countrie upon the Land.

From thence hee went on to shew, that this Dominion over the Sea, from time out of minde, did belong to the Republick, and thereupon caused to bee read out of an Abstract which hee had taken, the opinions of thirtie Lawyers, whom from the year 1300, until that present time, did speak of the Dominion which the Republick had over the Sea, as of a thing most no­torious, and of which, even in their times, the minde of man [Page 12] knew not the contrarie: som of them affirming, that the Re­publick had no less Dominion over the Sea, then over the citie of Venice; others saying, that the Adriatick Sea is the territorie and demeasnes of the said citie, making mention of the lawful power which the Venetians had to establish laws over Navigati­on, and to impose customs upon such as navigate those Seas; and hee added that hee never read any Lawyer, which ever said the contrarie. And turning himself to Rapicio hee said, that if hee would not believ those writers which testified that the Sea be­longed to the Venetians, whereof they had possession from time out of minde, before the age wherein the Autors lived, although they prove it not, yet hee could not denie to receiv them for testi­monies of such things which they saw and knew in their times, and to hold them as witnesses, far above all exception, beeing fa­mous men, and dead so many years ago, as they could not bee any waies interessed in the present differences. And becaus more then 250 years were past, from the time that the first Autors, which hee alleged as witnesses hereof did write, to the time of those, which hee last cited in that behalf; by their attestation it was sufficiently proved, that for long time more then so many years, the Republick hath commanded the Sea, and therefore hee could not denie the immemorable possession thereof to the pre­sent.

Afterwards turning himself to the Judges, hee praied them, that upon the autorities alleged, they would bee pleased to listen unto a short consideration of his, which hee did not doubt, but would leav in them a full impression of the truth. And first hee desired them to consider, that notwithstanding som of the afore­said cited Autors speak with general words, saying, the sea of the Venetians, neither declaring the qualitie nor quantitie thereof; yet others do specifie it, using the name of the Gulph; and others with [Page 13] terms more expressive, saying, the Adriatick Sea; which clearly demonstrate's, not onely the site, but also the quantitie of the Sea possessed; and so shewed, that those who speak more expres­sively, ought to clear the passages of those, who write more ge­nerally, according to the common precept, that with clear places the more obscure are to bee illustrated. Hee considered also, that the divers manner of speaking of the same Doctors, som de­riving the Dominion of the Republick over the Sea, from cu­stom, som from prescription, others from an induced subjection, and others from a privilege, did arise all out of this reason, be­cause as they were most assuredly informed of the possession and jurisdiction of the said Seas, which they both saw and heard to belong to the Republick from time out of minde; so they wri­ting upon that matter, not at the instance of any one, but of their own proper motions, and by way of doctrine onely, each one of them judged it most convenient to express the title of that jurisdiction, som with one term, som with another, with­out coming to use the sole true and proper term, as they would have don, if they had been put to write for the interest of any one; in which cases the Counsellors are alwaies conformable, receiving from the person interested equally the like instru­ctions.

Hee added, that through the varietie of expressing themselvs, the truth of the caus was no waies diminished, but rather in­creased; as S. Augustine saith, speaking of the diversitie which is observed to bee betwixt the holy Evangelists; because by the divers manner of expression, used by the said writers, every one may rest assured, that none of them did write nè pagato, nè pre­gato, neither paied, nor praied. In which cases they are never wont to varie, from the single form prescribed unto them by the partie interessed, but rather hee that shall well examine it, shall [Page 14] see amongst the Doctors a wonderful concord in this one point most true, that after the declination of the Constantinopolitan Empire, the Adriatick Sea was found to bee for many years abandoned, (as also many Islands and cities of that State) in such manner, as it remained unguarded and without the protection and government of any Prince, and under the jurisdiction of no bodie, until by the Venetians, who, to receiv their livelyhood thereby, were constrained to maintain it in freedom; and there­upon taking it into their protection, got thereby the govern­ment and dominion over it, in like manner as by the law of na­ture and of Nations, the Land, the Sea, and other things, which are not under the Dominion of any other, com justly unto those who first get the possession of them; by which reason the first Empires were founded, as well upon the Land as at Sea, and daily there are new ones in the same manner formed, when any of them, either through age or vice, becoming weak, wanteth force, and sink's of it self. The which custodie and government of the Sea, so acquired, the Republick hath daily advanced, by the keeping of potent fleets and greater Armadoes every day then other, with the expence of a great deal of trea­sure, and the profusion of a world of bloud, both of their Citizens and subjects, continuing without interruption, in sight of all the world, the said begun Dominion and custodie, over­coming and removing all such impediments, as either by Pirates or Potentates, as well of Italie as of the opposite shore, at divers times have been raised. And for the clearing of such doubts, as might arise by the subtil construction of words, hee added; that although those who took upon them to speak in the strict terms of the Law, were wont to say, that such things onely were gained by custom, which by the civil law, beeing to bee com­mon, were notwithstanding converted to a private benefit, yet [Page 15] without any impeachment of the publick profit, as to fish in a river without impeachment of Navigation: yet for all that, the title of custom cannot bee unproperly given, where there shall bee gained and continually kept in possession and Domini­on, a quantitie either of Sea or Land abandoned, and of no man possessed, as Bartholus, Baldus, Castro, and others do affirm. And although that by title of Prescription a thing cannot possible bee said to bee possessed, unless, by the occupation of it, another bee thereof spoiled and dispossessed, which title come's not in this place, forasmuch as the Republick hath not spoiled any of the possession of the Sea, but hath seized upon it, finding it abandoned and without patron or possessor: notwithstanding in som sort, it may bee called Prescription, as if a Falcon were let fly and cast off by its master, and thereupon growing wilde, should after bee taken up by another, and by him mann'd, and for a long time fed; although not properly, yet not absurdly it may bee said, that this second master hath it by Prescription. Likewise, to speak in terms of Law, the proprietie of speech doth not admit the use of this word Servitude, unless to the pro­per territorie of a State, there bee gotten som power over ano­ther State, and yet State remain's patron of its own not­withstanding; in this sens the Republick hath not brought the Sea in servitude to the citie of Venice, becaus it hath not gotten any special use or command over it, the Dominion for all that remaining to another Patron, but hath assumed the total and in­tire Dominion thereof, which was before abandoned, neither by any governed or protected: nevertheless it may in a certain proportion bee called Servitude, inasmuch as the Republick hath been constrained to assume the total Dominion and government thereof, for the service of the citi of Venice, whereof it had ne­cessarie use.

Now as touching the Privilege of keeping this Sea, and who was the Donor, this neither can here have any place, forasmuch as at the time of the assumption of it, there was not any who could make any grant thereof, the Emperor of the West never having any power or autoritie over it; and as little superioritie or jurisdiction had any other western Prince; and therefore could so much the less give it to another. The Emperor of the East, not having force sufficient to keep it, had long since aban­doned it, and beeing thereupon divested of all the power hee had over it, and of the possession thereof, never made any grant thereof in the successive peace and treaties which happened af­terwards betwixt the said Empire and the Republick. Notwith­standing all which, the Italian Lawyers, as professors of the Ce­sarean Law, and sworn to the very words of it, beeing besides most devoted to his Imperial Majestie, as if at this present day Augustus or Antoninus did reign, do force themselves with all extor­tion, to verifieupon the Western Emperor that saying, Imperator est Dominus Mundi, The Emperor is Lord of the world. Which at that very time when it was first pronounced, was not true in the hundred part of the world, and at this present not in any considerable proportion. And whilest they would honor the Emperor, and give him, with such words as these, that which hee neither hath nor can have, they consider not the absurditie of the speech, as if they should say, that no King possessed any estate lawfully, unless it were granted him by the Emperor, which is as true, as when they affirm that the Venetians possess the Adria­tick Sea, by an Imperial privilege. But it appear's clear enough, in what sens this is spoken by them, because there is none of them do intend thereby, that there was ever any such Grant made thereof by the Emperor; but by that they do figuratively intend a privilege assumed by immemorable possession, which posses­sion [Page 17] they interpret to bee with the knowledg and sufferance of the Emperor, which is as much as if they should say, that Christian Kings possess their Kingdoms, and the Republick pos­sesseth the Adriatick Sea, as lawfully by their title of acquiring it, as if those Kingdoms and that Sea had belonged to the Emperor, and from and by him to those Princes, and to the Republick af­terwards granted. So spaciously did Chizzola dilate in speaking of the opinion of the Lawyers, it beeing the field of his pro­fession: hee concluded, that any one might rest satisfied, as well in truth, as in reason, that by the Autoritie of the said Do­ctors, there were sure foundations laid to the caus, which hee did defend.

After the testimonie of the Lawyers, hee added that of the Historians, who do relate, that the Republick, for more then 300 years past, did receiv custom, of such as sailed that Sea, and kept armed vessels in a readiness, for to compel all such ships so sail­ing, to go to Venice, testifying moreover, that even unto their present time the same custom was observed. But upon their at­testations hee dwelled not much, saying, that though they were good testimonies of preceding occurrences; yet when one go­eth about to prove the interests of Princes, or of private persons, hee ought to help himself by authentick writings, and to use the Historians with great discretion; som of them beeing moved by love, others with hatred, and others with hope of preferment; which constrain's them oftentimes to use flatterie, or Hyperbo­les, upon which cannot bee laid any sure foundation.

Wherefore hee produced an act of the general Council of Lions, anno 1274, where the Abbot of Nervesa, beeing delegated by the Pope (upon a pretension of those of Ancona to have free navigation upon the Adriatick Sea) sentenced, that the demand should bee rejected, and that the Venetians should not bee mo­sted [Page 18] in the defence and protection thereof, from the Sarazens and Pirates, neither should bee disturbed from exacting there­upon their rights and customs, which they had of victuals, mer­chandise and other portable commodities.

Chizzola likewise added, that it is clean out of memorie, when first of all there was created in Venice, a Captain of the Gulph, be­caus in the year 1230, the Chancerie was burned, with the me­morials of all such elections; but from that time to this present, hee could shew out of the publick Registers, the continuall suc­cession of the said elected Captains without any interruption. Likewise hee added moreover, that there remain the Registers from that time to this, of the licences granted to pass the said Sea, with armed vessels or ships of war, and to the persons and goods belonging to their use, at the request of divers Princes, who had their possessions upon the shore of the Adriatick Sea, and that as well by sundrie Popes, Legates, Vicars, Governors, and Commonaltie of the Land of Romania and Marca, as by the Kings of Naples for Puglia, of which many were granted, som denied and others yielded to, but in part; But it beeing super­fluous to allege the Acts of those, the successors of whom do not so much as question this title, hee descended to particularize one­ly the predecessors of his Majestie, as Kings of Hungarie, and Arch Dukes of Austria. Hee recited a Brief of Pope Urbane the sixt, directed to Antenio Veniero the Duke of Venice, bearing date Luca 14 Junii 1388. where hee give's him thanks, that with his Gallies deputed for the keeping of the Gulph, Marie Queen of Hungarie had been inlarged, who had been kept prisoner in Castel-novo; with two other congratulatorie letters, the one to the said Queen, the other to King Sigismund, who after was Em­peror, beeing her husband, rejoicing with them likewise of the said enlargement made by means of the Captain of the Venetian [Page 19] Gallies, deputed to the custodie of the Gulph. Afterwards hee caused to bee read a safe Conduct granted at the Petition of Ro­dulph Earl of Sala, in the name of Ladislaus King of Naples, and of William Arch-Duke of Austria anno 1399. 12 Decembris, that the sister of the said King (espoused to the aforenamed Arch-Duke) might bee conducted by sea from Puglia, to the coasts of her husband, with Gallies and other vessels, in all to the number of about twelv; with condition that there should not bee suf­fered to pass upon them any Bandito or banished person of Ve­nice, who had don any thing against the Republick, which did merit death: which safe-conduct should bee available to the Austrians, as well in going as in coming, so as by the same, they might also reimbark at Trieste and return unto Puglia. But yet this safe Conduct was not made use of, because the King having deferred the departure of his sister for a small time, in the interim shee died.

Also hee produced two letters of the Emperor Frederick, unto Duke Giovanni Mocenigo, the first dated in Gratz 24 Sept. 1478. the other 2 Apr. 1479. from the same place, where hee tell's him that hee having taken order that there should bee brought from Puglia and Abruzzo, to his castles of Castro and of Istria, a certain quantitie of corn, hee request's that it may bee permitted him to do it freely, which beeing to him a great pleasure, hee shall ac­knowledg it with many thanks.

This hee seconded with a letter of Beatrice Queen of Hunga­rie, to Giovanni Mocenigo Duke of Venice, dated the last of Jan. 1481. whereby desiring for her proper use to have divers things from the parts of Italie, which shee could not bring from thence by Sea, without the permission of the Republick, shee desired that, for curtesie sake and friendship, it might bee granted her, which shee should take for a great favor, and correspond upon the like occasion.

And another of Matthias King of Hungarie to the said Duke dated 26 Febr. 1482. where relating how the Republick was accustomed to give licence every year to Count Frangipani patron of Segna and other maritim places, to bring from Puglia and Marca a certain quantitie of victuals, and that after the said places, were passed over into his hands, hee had omitted to desire it; wherefore hee now praied, that the same grace might bee shewed unto him, & that concerning this, hee would write his letters and give them to a person which hee had sent expresly to reliev them; which hee should acknowledg as a favor and correspond accordingly.

And another of the same King to Augustino Barbarigo the Duke, dated 18 Oct. 1487. in the which relating, that hee ha­ving need of wood for the reparation of a fortress standing in the mouth of Narenta, hee praied, that hee might have leav to carry it unto Segna by Sea, and that there might bee letters patents made thereof, offering to gratifie him in a greater matter.

Hee added to this a letter of Anne Queen of Hungarie 30 Aug. 1502. in the which recounting the sterilitie of the countrie of Segna, shee desite's leav to bring certain victuals from Puglia and Marca, and that hee would give to the bearer, who was sent on purpose, letters of licence for the same, promising to acknow­ledg it as a great favor and courtesie.

Lastly hee produced a letter dated 3 Sept. 1504. of Giovanni de Dura Captain of Pismo, servant to the Emperor Maximilian, which hee writ unto the Duke Leonardo Loredano, importing, that Giacomo Croato, a subject of his Majesties, parting from Fiano­na, entered into the Sea, which is under the Dominion of the Republick, for to go to Segna, and was there assailed by an armed bark of Pirates in contempt of the Signorie or Republick, and supplicate's that som order might bee taken therein.

Upon all which particulars, hee weighed most that which [Page 21] ought best to bee considered, having respect to the times, per­sons, and qualities of the several Princes, and for greater con­firmation of their assent, hee remembred the yearly cerimonie used at Venice; where the Duke in presence of the Ambassa­dors of other Princes, particularly of his Majesties, did use to espous the Sea, by the casting of a Ring into it, with these words: Desponsamus te mare in signum veri, & perpetui Dominii: Wee do marrie the Sea, in sign of our true and perpetual Domi­nion over it. Which cerimonie as the foresaid writers do affirm, had beginning when Pope Alexander the third was in Venice, notwithstanding they add withal, that it was instituted in sign of the Dominion which the Republick had formerly gotten, jure belli.

To the 400 complaints of the Emperors subjects, and to the sentence of Liesina, hee answered, giving thanks for the remem­bring of them, as a thing brought in much to his favor, be­caus the complaints do presuppose the prohibition, and the sen­tences, either condemning or absolving do prove the jurisdiction.

And to the salt-barks, hee said, that they were not suffered to go to Venice, as never any are suffered to go, all forreign salt beeing prohibited to enter into that citie; and if it were not cast into the Sea, it was a courtesie, which ought not to bee imputed to them to their prejudice.

Hee concluded, that hee had delivered the true sens of the Capitulations, and proved the immemorable possession of the Adriatick Sea; that hee could have said much more, but it seem­ed to him superfluous, and these two points were made most clear; First, That this pretence of the Austrians was but new; and Secondly, That their Petition at this Convention could have no place.

The Imperialists after they had conferred together, took a re­solution [Page 22] not to persevere in the demand of Justice, and the Baron with Suorz said openly, that the Republick was Patron of the Gulph, and might impose what customs they thought fitting; and that they thought so in their consciences: but there withall they were of an opinion, that for honestie sake, and for the friendship which the Republick had with the hous of Austria, it should bee don with the least incommoditie of the subjects to that hous, as could bee possible. The other three said, that it was now no time, either to approve or to disapprove the Dominion of the Sea, but rather to finde by way of courtesie som kinde of temperature, where­by the Republick might receiv the rights belonging thereunto from the Austrian subjects sailing those Seas, and on the other side, that such conditions annexed formerly thereunto, might bee taken away, which were incommodious to the Austrians, and no waies profitable to the Venetians. Whereupon divers waies to effect it were examined, and a conclusion taken to refer all to their several Princes, as it was necessarie to refer all things els; the Commission beeing to bee onely perfected by their ratificati­on, and so this Convention ended.