12-2023-11-03

The Courts of justice. Origins and multiplication. Curiae ordinatae, other mainly judicial magistrates, and jurisdiction as part of the attributions of every magistrate. From Curia ducis to Curia del Proprio. Curia del Forestier: the first source for the solution of a controversy involving foreigners is the tenor of their agreement. Curia dell'Esaminador: anticipated assessment of evidence so that it can be admitted in Court. Curia del Procurator: controversies over public commissarìe. Curia del Mobile: controversies in which the demand of the plaintiff does not pass a certain sum of money. Curia di Petizion: relieves the Minor Council in deciding cases not ruled by law or custom; sentences given per iustitiam, laudum et arbitrium. Venetian, secular "justitia" different from canonical "equity". Rebalancing the scales, not cutting the wrong away from the right. Magistrates as Advocati per Curias, attorneys defending the interests of the parties, ensuring a thorough consideration of the case.