Lesson 10 -- 2024-10-25

The introduction of two elective Councils in addition to the assembly during the dukedom of Orio Mastropiero. The members are bound to take part in the meetings and perform their office under severe penalties, in addition to the payment of damages to the Comune. Constitutional custom regardine elections established at the end of the XII century and legified in 1207. Territorial base for election on turns of three by the 35 trentacìe, districts of military conscription: the right to vote is still linked to the duty of military defence. The doge presides over the Minor Council, which establishes the agenda and advances proposals, and the Minor Council (including the doge) presides over the Major Council, which discusses and deliberates. The vote of the doge is equal to all others. Promissio maleficiorum by Orio Mastropiero (1181): mixture of typically medieval and quite advanced rules. Equal protection to foreigners from looting in case of shipwreck. Detailed discipline of theft, burglary, robbery and bloody crimes. Consideration of intention. Exclusion of ritual evidence: the causal connection between proof and crime must be rationally examined. Distinction between damages and fines in the condemnations. Staged punishment after the condemnation. Minor functions of incarceration. Corporal punishments. Reserve to the State of punishment of crimes, to the exclusion of feuds, pursued through efficient repression and payment of damages to the victim. No relevance of status or sex of criminal and victim.