Aquileian patriarch [Raymond della Torre] catalogs his supposed rights and prerogatives in Istria to Venetian ambassadors [Marino Dauro and Pietro Tiepolo] – the Iura domini patriarche ac ecclesie Aquilegiensis in tota Istria.
Ista sunt iura domini patriarche ac ecclesie Aquilegiensis in tota Istria:
Inprimis est marchio tocius Istrie et habet ibi plenam iurisdictionem in temporalibus etiam, et quicumque habet, ab ipso habet.
Item nulla civitas aut castrum seu locus vel recinta aliqua potest nec debet eligere potestatem, rectorem seu consules vel alios officiales, quocumque nomine censeantur, nisi de speciali licentia et beneplacito ipsius domini patriarche; nec possunt mudam seu pedagia vel collectam ponere vel exigere; nec monetam cudere; nec aliquam aliam iurisdictionem exercere; sed dominus patriarcha ponit in infrascriptis terris gastaldiones suos et etiam ricarium in tota provincia Istrie qui cognoscunt de omnibus causis et habent iurisdictionem plenariam in omnibus questionibus.
[1] Inprimis in Mugla ponit gastaldionem suum qui cognoscit ut supra; et est terra Mugle cameraa domini patriarche; et habet in dicta terra domum propriam; et habet in certis redditibus CCCX urnas vini et CCC libras olei; et recipitur ibi in expensis communitatis quando vadit illuc; et habet a tabellionibus Mugle certum quid; et habet ab omnibus debitalibus certum quid; et ab artificibus similiter certum quid. Item habet ibidem condempnationes omnes que fiunt pro offensis. Item habet omnia que pertinent ad regaliam in ipsa terra.
[2] Item in Iustinopoli ponit gastaldionem suum qui cognoscit de omnibus questionibus et punit omnes malefactores; et quicumque facit sanguinem vel ferutam que appareat vel violentiam in possessionibus alicuius componunt C bisançios domino patriarche et satisfaciunt leso; et cum vadit dominus patriarcha illuc causa tenendi placitum regalie, Commune sibi facit expensas; et quilibet notarius dare debet ipsi domino patriarche V soldos V(eronenses)b, et habet unam magnam contratam vinearum que est proprietas ecclesie Aquilegiensis de qua potest facere dominus patriarcha prout vult; et quelibet navis cum cabia que intrat portum Iustinopolis debet solvere II bisançios. Item habet omnia que pertinent ad regaliam in eadem civitate. Item ab artificibus omnibus certum quid.
[3] Item in Pirano habet ut in supradicta civitate Iustinopolis. Item habet unam magnam contratam vinearum que est proprietas Aquilegiensis ecclesie de qua potest dominus patriarcha facere prout vult.
[4] Item habet Castrum Veneris cum toto territorio et pertinenciis et adiacenciis, exceptis hiis que ab ipso habent habitatores dicti castri qui pro hiis ipsum castrum custodire et defendere debent et tenentur; et dominus patriarcha sive gastaldio eius ordinat cum rusticis eiusdem contrate prout vult, tam in collectis imponendis quam in recipiendis hospiciis seu expensis et faciendis laborari terris ipsius domini; et generaliter in omnibus aliis exercendis que potest exercere quilibet dominus cum hominibus suis.
[5] Item in Bullis ponit gastaldionem suum; et totum territorium pertinet ad ipsum dominum patriarcham; et homines terre solvunt collectas ipsi domino patriarche quociens placet ei; et tenentur facere expensas ipsi domino patriarche et eius comitive quociens vadit illuc et omnibus nuntiis eius; et condempnat ipse dominus patriarcha seu ipsius gastaldio malefactores; et generaliter omnem aliam iurisdictionem exercet ibidem, tamquam quilibet dominus habens merum et mixtum imperium potest exercere in terra sua et cum hominibus suis; et habet omnes condempnationes; et ratione dicti territorii, quilibet qui laborat cum duobus bubusc dat I modium frumenti et I ordei, et quilibet habens vineam dat I congium vini et XVI libras Veronenses. Item de qualibet domo debet habere fassem feni. Item debet habere de quibuslibet X bestiis I quartam agni. Item habet multa alia iura minuta et nichilominus potest disponere de dicto territorio ad beneplacitum suum. Item habet omnia que pertinent ad regalia.
[6] Item in Portulis ponit gastaldionem suum qui exercet omnem iurisdictionem, ut dictum est in Bullis, et imponit collectas et recipit expensas ut in Bullis. Item annuatim Commune solvit LXVI modia frumenti et LXVI modia vini et libras VI Veronenses; et quilibet massarius I agnum valentem soldos VII dat; et habet multa alia iura minuta. Item habet omnia que pertinent ad regaliam et omnem iurisdictionem, ut in Bullis.
[7] Item in Montona ponit gastaldionem suum qui exercet omnem iurisdictionem; et habet omnes regalias ibidem; et recipit expensas cum tota comitiva sua a Communi cum vadit illuc; et habet omnes condempnationes de omnibus maleficiis.
[8] Item in Sancto Laurencio ponit gastaldionem suum qui exercet omnem iurisdictionem et condempnat omnes offendentes; et condempnationes sunt ipsius domini patriarche; et imponit ibi collectas; et recipit expensas cum tota comitiva sua cum vadit illuc; et nuncii sui similiter habent expensas. Item habet ibi omnes regalias et potest facere de terra et hominibus sicut vult, sicut de terra et hominibus suis; et habet multa alia iura minuta.
[9] Item in loco de Duobus Castellis ponit gastaldionem suum qui exercet omnem iurisdictionem et condempnationesd omnes offendentes; et condempnationes sunt ipsius domini patriarche; et generaliter in omnibus facit et habet ibi sicut in Sancto Laurencio, ut supra; et multa alia iura minuta.
[10] Item in Rubinio ut supra, sicut in Duobus Castellis.
[11] Item in Valle ut supra in Rubinio.
[12] Item in civitate Pole ponit gastaldionem suum qui exercet omnem iurisdictionem, tam in Pola quam in Polisana; et generaliter habet omnia prout in civitate Iustinopolis. Item habet in certis redditibus in dicta civitate a certis hominibus LXXXII modia frumenti et LXXV modia ordei; et habet ibi duo antiqua palatia scilicet Iadrum et Arenam et palacium I in plathea civitatis et quasdam alias domos. Item quicumque accipit aliquem lapidem de dictis palaciis Iadre et Arene, pro quolibet lapide quem accipit solvit domino patriarche C bisancios.
Item habet in Polesana infrascriptas villas que ad ipsum pertinent pleno iure, tam in collectis imponendis quam in albergariis accipiendis, et toto territorio earumdem villarum; et habet omnem iurisdictionem et omnes regalias; et potest facere de villis, hominibus et territoriis sicut de villis, hominibus et territoriis suis, scilicet: [13] Midilani, [14] Banioli, [15] Ignanume, [16] Pudiçanum, [17] Galisanum, [18] Padernum, [19] Ravorigum, [20] Guranum, [21] Sisanum, [22] Gurtilianum, [23] Fasana.
[24] Item in Cuçol ponit gastaldionem suum et habet ibi per omnia sicut in dictis villis Polisane.
[25] Item in Galeçanaf ponit gastaldionem suum qui exercet omnem iurisdictionem; et ponit collectas; et recipit albergarias; et potest facere ibi in omnibus et per omnia sicut de terra et [h]ominibusg suis.
[26] Item in Albena ponit gastaldionem suum qui exercet omnem iurisdictionem; et imponit ibi collectas; et recipit albergarias; et a quolibet qui habet X oves vel plures debet habere annuatim I ovem cum agno et ___h unum alium agnum. Item a quolibet massario I modium frumenti, unum modium anone et unum modium vini. Item a Communi libras XVIIII Veronenses; habet regalia et omnem iurisdictionem et condemnationes et multa alia iura minuta.
[27] Item in Flanona ponit gastaldionem suum qui exercet omnem iurisdictionem; et imponit collectas; et recipit albergarias; et a quolibet habente X oves vel plures debet habere annuatim unam ovem cum agno et unum alium agnum; et a quolibet massario modium I cum dimidioi vini. Item iuxta Flanonam habet qurianamj cum molendino, pratis et aliis possessionibus a[d]iacentibusk. Item habet ripaticum navium et omnia regalia et multa alia iura minuta.
[28] Item inl Cortalba habet prout in Albena per totum et tanto plus: quod quilibet massarius dantm I bestiam et II solidos.
[29] Item in villa Sancti Martini habet per omnia ut in Cortalba.
[30] Item in Bagnoli habet per omnia ut in Albena.
[31] Item in Letan, [32] in Sancto Petro, [33] in Sugla, [34] in Roç, [35] in Bergont, [36] in Sancto Sirgo, [37] in Trebefnaberda, [38] in Malaçumpica, [39] in Sidrena, [40] in Valda, [41] in Cerneglado, [42] in Culmo, [43] in Humeld, [44] in Grimaldo, [45] in Qudel – in omnibus supradictis villis ponit dominus patriarcha gastaldiones suos qui exercent omnes iurisdictiones; ponit collectas; recipit albergarias; habet condempnationes et regalia; et de dictis villis, hominibus et territoriis potest facere sicut vult, tamquam de suis.
[46] Item in Pinguento ponit gastaldionem suum qui exercet omnem iurisdictionem; imponit collectas; recipit albergarias; habet regalia et condemnationes; et de loco, hominibus et territorio facitn quod vult, tamquam de suis.
[47] In civitate Parencii ponit gastaldionem suum qui exercet omnem iurisdictionem; et habet ibi per omnia ut in civitate Iustinopolis. Item habet domos in eadem civitate.
[48] Item castrum Sancti Georgii cum toto territorio et pertinentiis suis et iurisdictione tota.
a) sic B: fort. pro camerae. b) V. tantum B: fort. pro Venecialium, fort. pro Veronenses. c) sic B: pro bobus. d) sic B: pro condempnat, sicut supra. e) sic B: pro Dignanum. f) lect. dub.: Galçana cum sign. abbr. supra primam syllabam B. g) sic oibus cum sign. abbr. supra primam syllabam: pro hominibus. h) sic spatium vacuum reliquit B sed supervacanee (cf. n. 27 infra) . i) cum dimidio] scriptum sicut ÷ B. j) lect. dub.: qurian cum sign. abbr. supra ultimam syllabam B: pro curiam. k) sic aiacentibus B. l) seq. Cortalba canc. B. m) sic B: dat cum sign. abbr. supra verbum. n) seq. sed canc. B.
These are the rights of the lord patriarch and the Church of Aquileia throughout Istria:
Above all, the patriarch is the margrave of all of Istria and there he has complete jurisdiction, even in temporal matters; and whoever holds any jurisdiction therein, holds it from the patriarch.
Likewise, no city, town, or place or any enclosed settlement may or should elect podestàs, rectors, or consuls, or other officials, whatever name they may be given, without the special permit and approval of the very lord patriarch; neither may they charge duties, or levy tolls, or impose taxes, or mint coins, or exercise any other jurisdiction. Instead, the lord patriarch appoints in the below written lands his gastalds as well as a richtarius in every part of the province of Istria who take cognizance of all cases and have full jurisdiction in adjudicating all lawsuits.
[1] First, in Muggia the patriarch appoints his gastald who exercises jurisdictions as noted above. And the land of Muggia is [of] the treasury of the lord patriarch1; and the patriarch has his very own house there; and he has 310 urns of wine and 300 pounds of oil coming from certain revenues; and when he journeys there, he stays there at the expense of the community; and he receives from the scribes of Muggia a certain something; and he receives from all taxpayers a certain something; and similarly from all craftsman he also receives a certain something. Likewise, he also receives there all the fines adjudicated for committed crimes. Likewise, he has all that pertains to regalian rights in this land.
[2] Likewise in Koper the patriarch appoints his gastald who adjudicates all lawsuits and punishes all criminals. And whoever sheds blood or openly strikes someone or performs acts of violence in anyone’s properties, pays 100 bezants to the lord patriarch and compensates the injured party; and when the lord patriarch journeys therein in order to hold regalian courts of law, the Commune covers all his expenses; and every single notary must give to the very lord patriarch 5 shillings of Veronese coins; and the patriarch has a large vineyard that is a property of the church of Aquileia and with which the lord patriarch may do as he pleases; and every cargo ship that enters the port of Koper must pay two bezants. Likewise, he has all that pertains to regalian rights in this city. Likewise, from all the craftsmen he receives a certain something.
[3] Likewise, the patriarch has in Piran as in the abovementioned city of Koper. Likewise, he has a large vineyard that is a property of the church of Aquileia and with which the lord patriarch may do as he pleases.
[4] Likewise he has Kaštel with its entire territory and its dependencies and appurtenances, with the exception of that which the inhabitants of the said town hold from the very lord patriarch, who are in turn obliged to guard and defend that very town. And the lord patriarch or his gastald rules over the countrymen of this land as he pleases, as in imposing tributes so in receiving lodgings or expenses and having them work on the lands of the very lord patriarch, and generally exercising everything else that any lord may exercise over his subjects.
[5] Likewise in Buje the patriarch appoints his gastald; and all the territory belongs to the very lord patriarch; and the people of this land pay tribute to the very lord patriarch whenever he likes; and they are obliged to cover the expenses of the very lord patriarch and his entourage and all of his heralds whenever they journey there; and the lord patriarch or his gastald sentence criminals; and generally the lord patriarch exercises every other jurisdiction therein, just as any lord who has the power to shed blood and to coerce (merum et mixtum imperium) may exercise in his land and over his subjects; and he receives all the fines; and by reason of place, whoever works the fields with two oxen gives one bushel of grain and one bushel of barley, and whoever has a vineyard gives one gallon of wine and 16 pounds of Veronese coins. Likewise, from each household the patriarch is to receive a bale of hay. Likewise, he should receive a quarter of a lamb for every ten animals. Likewise, he has many other lesser rights and nevertheless he may dispose of the said territory as he pleases. Likewise, he has everything pertaining to regalian rights.
[6] Likewise, in Oprtalj he appoints his gastald who exercises every jurisdiction, as it was said for Buje; and he imposes taxes and receives expenses as in Buje. Likewise, the Commune pays him a yearly amount of 66 bushels of grain, 66 bushels of wine and 6 pounds of Veronese coins; and every tenant gives one lamb worth 7 shillings; and he has many other lesser rights. Likewise, he has everything pertaining to regalian rights and every jurisdiction, as in Buje.
[7] Likewise, in Motovun he appoints his gastald who exercises every jurisdiction; and the patriarch has all regalian rights; and his expenses when travelling therein with his entourage are paid by the Commune; and he receives all the fines from all convicted criminals.
[8] Likewise, in Sveti Lovreč he appoints his gastald who exercises every jurisdiction and judges all the perpetrators; and the income from fines belongs to the very lord patriarch; and the patriarch imposes taxes there; and his expenses when travelling therein with his entire entourage are paid by the Commune; and his heralds have their expenses covered similarly. Likewise, he has all pertaining to regalian rights there; and he can dispose of the land and the people as he pleases, as with his own land and subjects; and he has many other lesser rights.
[9] Likewise, in the place of Dvigrad he appoints his gastald who exercises every jurisdiction and judges all perpetrators2; and the income from fines belongs to the very lord patriarch; and generally, he does and has everything there like in Sveti Lovreč, as detailed above; and he has many other lesser rights.
[10] Likewise in Rovinj as detailed above, like in Dvigrad.
[11] Likewise in Bale as above for Rovinj.
[12] Likewise, in the city of Pula he appoints his gastald who exercises every jurisdiction, as in Pula so in the district of Pula; and generally, he has everything just as in the city of Koper. Likewise, he receives from certain incomes in the said city from certain people 82 bushels of grain and 75 bushels of barley; and he has two ancient palaces there, namely Iadra and Arena, and a palace in the city’s main square, and certain other houses. Likewise, whoever takes any stone from these two palaces, Iadra and Arena, for each stone that is taken they pay the lord patriarch 100 bezants.
Likewise, in the district of Pula he has the below-written villages that belong to him with full rights, as in imposing taxes so in enjoying the right of lodging, and the entire territory of these villages; and he has every jurisdiction and everything pertaining to regalian rights; and he may do with these villages, people and territories as with his own villages, subjects and territories; namely [these are]: [13] Mednjan, [14] Sveti Mihovil od Banjole, [15] Vodnjan, [16] Sveti Petar u Pudižanu, [17] Galižana, [18] Baderna by Galižana, [19] Loborika, [20] Guran, [21] Štinjan3, [22] Gurecilianum4 and [23] Fažana.
[24] Likewise, in Čuklja5 he appoints his gastald, and there he has everything just as in the said villages of Pula’s district.
[25] Likewise, in Gočan he appoints his gastald that exercises every jurisdiction; and the patriarch levies taxes; and he enjoys the right of lodging; and he may govern in every way and over everything, as with his own land and subjects.
[26] Likewise, in Labin he appoints his gastald that exercises every jurisdiction; and there the patriarch imposes taxes; and he enjoys the right of lodging; and from everyone who has 10 or more sheep he must receive one sheep with a lamb and another sheep every year; Likewise, from every tenant he receives one bushel of grain, one bushel of wheat, and one gallon of wine. Likewise, he receives 29 pounds of Veronese coins from the Commune; he has all pertaining to regalian rights, and every jurisdiction, and the income from all the fines, and many other lesser rights.
[27] Likewise, in Plomin he appoints his gastald who exercises every jurisdiction; and the patriarch imposes taxes; and he enjoys the right of lodging; and from everyone who have 10 or more sheep he must receive one sheep with a lamb and another sheep every year; and from every tenant he receives a gallon and a half of wine. Likewise, next to Plomin he has a courthouse6 with a mill, meadows, and other adjacent possessions. Likewise, he receives all the income from mooring-dues; he has everything pertaining to regalian rights and many other lesser rights.
[28] Likewise, in Belaj he has everything as in Labin and this much in addition: that every tenant gives one animal and two shillings.
[29] Likewise, in the village of Sveti Martin he has everything as in Belaj.
[30] Likewise, in Boljun he has everything as in Labin.
[31] Likewise in Letaj, [32] in Fratrija, [33] in Nugla, [34] in Roč, [35] in Brgudac, [36] in Sočerga, [37] in Trebeše, [38] in Čepić, [39] in Zrenj, [40] in Valda7, [41] in Črnigrad, [42] in Hum, [43] in Brest8, [44] in Grimalda, [45] in Kubed – in all these above-mentioned villages the lord patriarch appoints his gastalds that exercise all jurisdictions; and the patriarch levies taxes; and he enjoys the right of lodging; and he receives all the income from fines; and he has regalian rights; and with these villages, people, and territories he may do as he pleases, as if they were his own.
[46] Likewise, in Buzet he appoints his gastald who exercises every jurisdiction; the patriarch imposes taxes; he enjoys the right of lodging; he has regalian rights; he receives all the income from fines; and he may do with the place, the people, and the territory as he pleases, as if they were his own.
[47] Likewise, in the city of Poreč he appoints his gastald who exercises every jurisdiction; and he has everything there as in the city of Koper. Likewise, he owns houses in this city.
[48] Likewise, the fort Sveti Juraj with its entire territory and dependencies and entire jurisdiction.
[translation from Banić, Barmecidal Margraviate, pp. 110–115]
1) The original Latin text has “est terra Mugle camera domini patriarche”, but the “camera” (treasury) is either in the land of Muggia or the land of Muggia belongs to the treasury of the patriarch. Both interpretations require emendations of the original text: the first would be “in terra Mugle est camera domini patriarche”, the second would be “est terra Mugle camerae (or camere, as it would be written in 1280) domini patriarche”. I have opted for the second choice.
2) The translation is based on the emended text: “condempnat omnes offendentes” instead of the originally written “condempnationes omnes offendentes”.
3) The original toponym Sissanum sounds much like the present-day Šišan to the southeast of Pula, but that village belonged to the district of Pula and lies far away from the other villae regaliae. Thus, it makes much more sense to identify this toponym with the present-day Štinjan that indeed lies close to the other villages of the regaliae and forms a geographical complex with the rest of the villae.
4) Deserted village with no present-day toponym; it lies between Fažana and Vodnjan.
5) The original toponym Cuçol refers most certainly to the same locality mentioned in Ulrich II’s 1102 donation as villa Cucculi (edited here as doc. 1102_DW). There are two possible ubications of this toponym: either Kukov Vrh to the north of Buje, of Čuklja between Sečovlje and Sveti Peter, north of the river Dragonja (present-day Slovenia). I have opted for the second choice.
6) Originally written as Qurian with an abbreviation sign over the last syllable, logically expanded as Qurianam as the noun should be in the accusative case. There is no such place in the vicinity of Plomin as present-day Gvarnjan (most similar to Qurian) lies in the district of Pula, between Ližnjan and Medulin. Thus, the qurianam is emended to curiam as in courthouse. This emendation is corroborated by a 1343 document, listing the fiefs held from the Church of Aquileia by a certain Domnius of Rijeka, where a “curia cum mollendino subtus Flanonam” is mentioned (Giordano Brunettin (ed.), I protocolli della cancelleria patriarcale del 1341 e del 1343 di Gubertino da Novate (Rome 2009), doc. B 17, p. 236).
7) Deserted village without a present-day toponym, between Kašćerga and Zamask.
8) Originally written as Humeld, it could refer to Humac in the near vicinity of Kožljak or to Brest (Ital. Olmetto di Bogliuno). As Brest fits closer to the wider Buzet areal, I have opted for the second choice. Also, Humac was most probably at the time in the hands of the ministerials loyal to House Gorizia who held Kožljak as well.
Marino Coppo’s note to Venetian ambassadors, listing the demands of the Aquileian patriarch in exchange for the lease of his Istrian jurisdictions for a period of twenty-nine years – edited here as doc. 1280_MC.
This catalog of rights was challenging to interpret as the writing is not dated. Thus, various historians offered various datings which, in turn, opened different interpretative directions (see Banić, cited above, pp. 9–16 for more details).
It was only recently, in 2023, that the list of rights was connected with Marino Coppo’s note detailing the terms of the lease of these rights to Venice for a number of concessions (edited here as doc. 1280_MC), which was in turn connected to the ducal instructions issued to Venetian ambassadors at the court of the Aquileian patriarch, Marino Dauro and Pietro Tiepolo, who were tasked to procure precisely such a list of rights of the Church of Aquileia and the patriarchs in Istria. Since this ducal instruction is preserved in the original and is dated October 4, 1280 (edited here as doc. 1280_CD), the mystery of the catalog of rights was finally solved – the famous writ is now dated to October of 1280.
This dating opened novel interpretative possibilities. First, it is now clear that the patriarch in question was Raymond della Torre and that he offered the list of rights to be leased to Venice for a period of twenty-nine years (see doc. 1280_MC). Moreover, the catalog contains towns and cities that were at the time already under the Commune of Venice – Poreč, Sv. Lovreč, Motovun, Koper – but over which the patriarch never de iure relinquished his worldly authority. Thus, the lease was supposed to give legal validity to the new Venetian jurisdictions in the Margraviate of Istria.
As the catalog essentially presented an offer to Venice, its main function was to depict the rights of the Aquileian patriarch in as grandiose a light as possible in order to propel the price of the lease. Thus, the iura detailed in the list are largely theoretical. For example, the gastalds were depicted as the patriarch’s officials with full powers in quotidian administration and adjudicating cases – including criminal justice – in all the towns, villages, and cities included in the list. The reality was much different – as shown in doc. 1239_MBI, for example – and gastalds had little to no influence in the communes that elected their own rectors (with the permission of the patriarch).
Moreover, a noticeable number of Istrian towns and jurisdictions are omitted from the list, all due to specific reasons. Umag was acknowledged as the temporal jurisdiction of the Bishopric of Trieste and was thus not included in the “package”. Novigrad was recognized as the lordship of House Duino–Momjan and dully omitted as well. The same goes for the fiefs held by the counts of Gorizia and their numerous service nobility throughout the peninsula – including houses Duino-Momjan and Petrapilosa-Grožnjan. The patriarch could not offer the leasing of properties held by these powerful noblemen and their knights.
In the end, the lease was never concluded, and the two parties went to war against each other over these Istrian possessions in 1283. Two peace treaties that followed – in 1285 (doc. 1285_PAV) and 1291 (doc. 1291_PT) – merely relegated the apple of discord to the arbitrational judgment of the pope, the communally elected judge arbitrator in the dispute. Since the pope never pronounced his verdict, the two parties reached a private agreement in 1300, whereby the patriarch leased to Venice the jurisdiction over the Istrian communities recognizing Venetian authority in exchange for an annual payment of 450 silver marks (treaty soon to be edited here).
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