The Council of Forty ( it, Consiglio dei Quaranta), also known as the ''Quarantia'', was one of the highest constitutional bodies of the
Republic of Venice
The Republic of Venice ( vec, Repùblega de Venèsia) or Venetian Republic ( vec, Repùblega Vèneta, links=no), traditionally known as La Serenissima ( en, Most Serene Republic of Venice, italics=yes; vec, Serenìsima Repùblega de Venèsia, ...
, with both legal and political functions as the
supreme court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.
Origins and evolution
By some estimates, the Quarantia was established in 1179 as part of the constitutional reforms that transformed the
monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
into a
communal form. In reality, it was likely established in the early 13th century, and in with responsibilities much different to those it assumed in later times.
It was established as an assembly of forty electors who were entitled at that time to nominate the
Doge
A doge ( , ; plural dogi or doges) was an elected lord and head of state in several Italian city-states, notably Venice and Genoa, during the medieval and renaissance periods. Such states are referred to as " crowned republics".
Etymology
The ...
of Venice. These forty were elected in their turn by nine electors who were nominated by the popular assembly,
''la concio''. After completing their primary role as the Doge's nominators, they remained in power alongside the Doge as the
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, participating with the Consiglio dei Pregadi (
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
) in the state government and the legislative functions, which were often delegated to them by the
Great Council, in which the forty were members by law.
After the constitutional reform of 1297, which, with the ''
Serrata del Maggior Consiglio'' (Lockout of the Great Council), changed the state's form into an
aristocratic
Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'.
At the time of the word's ...
republic, the Quarantia was responsible for the approval and the scrutiny of new appointments to the Grand Council and the Senate but also, according to Maranini, preparation of draft laws concerning criminal justice and
fiscal management.
In time, the Quarantia lost its legislative and representative functions to the Council of Senate and around 1380, after the creation of the College of the Sages, its executive functions were largely taken away as well.
The Forty preserved as a result from that time the functions of governing the
mint
MiNT is Now TOS (MiNT) is a free software alternative operating system kernel for the Atari ST system and its successors. It is a multi-tasking alternative to TOS and MagiC. Together with the free system components fVDI device drivers, XaA ...
(defining the fineness of the coins, the nature and quality of the stamping), the preparation of financial and revenue plans to be submitted to the Great Council and, above all, the supreme judicial function. Forty judges were elected by the Great Council and held office for one year; they could be re-elected, and in case of a vacancy could co-opt new judges.
The Supreme Court was tripled over time to better meet the judicial needs, creating new Quarantie:
# In 1441 the original Forty took the name of Criminal Quarantia and a Civil Quarantia was put alongside it.
# In 1491 the Civil Quarantia became known as the Old Civil Quarantia and was joined by the New Civil Quarantia.
Criminal jurisdiction
The Criminal Quarantia had jurisdiction over misdemeanors and felonies and in general over
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. The three leaders of the Forty sat beside the Doge and
Minor Council
The Minor Council ( it, Minor Consiglio) or Ducal Council was one of the main constitutional bodies of the Republic of Venice, and served both as advisors and partners to the Doge of Venice, sharing and limiting his authority.
Establishment
The Mi ...
in the ''
Serenissima Signoria
The Signoria of Venice (''Serenissima Signoria'') was the supreme body of government of the Republic of Venice. The older Commune of Venice was replaced by the Signoria from 1423 on, being later officially adopted in the ''Promissione Ducale'' by ...
'', the supreme representative body of the Republic. The confirmation of the Serenissima Signoria was necessary to give effect to the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. The functions of
prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
before this court were assumed by the
Avogadori de Comùn.
Civil law
The Old Civil Quarantia had jurisdiction over issues relating to
civil law limited to appeals from
Venice
Venice ( ; it, Venezia ; vec, Venesia or ) is a city in northeastern Italy and the capital of the Veneto Regions of Italy, region. It is built on a group of 118 small islands that are separated by canals and linked by over 400 ...
, from the
Dogado
The Dogado, or Duchy of Venice, was the homeland of the Republic of Venice, headed by the Doge. It comprised the city of Venice and the narrow coastal strip from Loreo to Grado, though these borders later extended from Goro to the south, Polesine ...
and the
Stato da Mar. Access to their judgment was subject to prior scrutiny by the
Auditori vecchi alle Sentenze, who in this case held the role of public prosecutor.
The New Civil Quarantia had jurisdiction over issues relating to civil law limited to appeals from the
Domini di Terraferma
The ( vec, domini de terraferma or , ) was the hinterland territories of the Republic of Venice beyond the Adriatic coast in Northeast Italy. They were one of the three subdivisions of the Republic's possessions, the other two being the origi ...
. Access to their judgment was subject to prior scrutiny by the
Auditori nuovi alle Sentenze and, in matters involving minors, by the
Auditori nuovissimi, who in this case held the role of public prosecutor.
References
*
* Diehl, Charles: La Repubblica di Venezia, Newton & Compton editori, Roma, 2004.
*
* Romanin, Samuele: Storia documentata di Venezia, Pietro Naratovich tipografo editore, Venezia, 1853.
{{Republic of Venice
Government of the Republic of Venice
1179 establishments in Europe
12th-century establishments in the Republic of Venice