From early in Goethe’s Italian Journey (Oct. 3, Venice):
But today I saw a different sort of comedy [than the opera], which pleased me more. I heard a legal case being tried in public in the ducal palace; it was an important one and, luckily for me, undertaken during the council recess. One of the lawyers was everything any exaggerated buffo should be. Portly figure, short but agile, a monstrously aquiline profile, a voice of brass, and a vehemence implying that what he said was meant from the bottom of his heart. I call this a comedy, because no doubt everything is settled before these public presentations take place; the judges already know the verdict, and the litigants know what to expect. However, this method pleases me a great deal more than the way we crouch in small rooms and lawyers’ offices. And now I shall try to describe the circumstances and how agreeably, unpretentiously, and naturally everything proceeds.
In a spacious hall of the palace the judges sat at one side in a semicircle. Opposite them the lawyers for both parties, on a rostrum capable of holding several persons side by side, and on a bench directly in front of them, the plaintiff and defendant in person. The plaintiffs lawyer had stepped down from the rostrum, for today’s session was not scheduled to include any controversy. All the documents, pro and contra, although already printed, were to be read aloud.
A haggard clerk in a wretched black robe, a thick pad of paper in his hand, readied himself to perform the duty of reader. Moreover the hall was crowded with spectators and listeners. The legal question itself, as well as the persons it concerned, could not but seem significant to the Venetians.
Entailments are distinctly favored in this nation; once a possession is stamped with this character, it keeps it forever. Even if by some twist or circumstance it was sold several hundred years ago, and has passed through many hands, finally, when the case comes up, the descendants of the original family have the last word, and the estates must be handed over.
This time the lawsuit was extremely important, for the complaint was against the doge himself, or rather, against his wife, who accordingly, veiled by her zendale, was sitting there in person on the little bench, only a short distance away from the plaintiff. A lady of a certain age, noble figure, comely face, on which a serious, nay, if you will, somewhat irritated expression was to be seen. The Venetians were very proud of the fact that their sovereign lady had to appear before them and the court in her own palace.
The clerk began to read, and only now did I grasp the significance of a little man sitting on a low stool behind a small table in view of the judges, not far from the lawyers’ rostrum, and especially of the hourglass he had laid down in front of him. Namely, as long as the clerk reads, the sand does not run; but the lawyer, when he wants to comment, is generally allowed only a certain time period. The clerk reads, the hourglass is recumbent, the little man has his hand on it. When the lawyer opens his mouth, the hourglass is immediately set upright, but is lowered again the moment he is silent. The great skill here resides in interrupting the flow of reading, in making fleeting comments, in arousing and demanding attention. Now the little Saturn gets into the most embarrassing difficulties. He is required to change the horizontal and vertical positions of the hourglass every moment, he sees himself in the situation of the evil spirits in the puppet play, who, when the mischievous harlequin quickly alternates his “berlique! berloque!” do not know whether they should come or go.
Anyone who has heard lawyers collating documents in their chanceries can imagine this reading aloud—rapid, monotonous, but still enunciated with sufficient clarity. A skillful lawyer knows how to interrupt the tedium with jokes, and the audience shows its delight in them with most immoderate laughter. I must mention one joke, the most memorable among those I understood. The clerk was just reciting a document in which one of these owners deemed unlawful was disposing of the estates in question. The lawyer bade him read more slowly, and when he distinctly pronounced the word, “I give, I bequeath!” the orator vehemently attacked him, shouting, “What do you intend to give? bequeath what? You poor hungry devil! You know that nothing in this world belongs to you. But,” he continued, seeming to reflect on the matter, “that illustrious owner was in the very same situation, what he meant to give, to bequeath, belonged to him as little as to you.” There was a tremendous burst of laughter, but the hourglass immediately resumed its horizontal position. The reader hummed on, making an angry face at the lawyer; but those jests were all prearranged.





