Note 37 — Scene I.—A Hall in the Ducal Palace.

[It is a moot point whether Jacopo Foscari was placed on the rack on the occasion of his third trial. The original document of the X. (July 23, 1456) runs thus: "Si videtur vobis per ea quæ dicta et lecta sunt, quod procedatur contra Ser Jacobum Foscari;" and it is argued (see F. Berlan, I due Foscari, etc., 1852, p. 57), (1) that the word procedatur is not a euphemism for "tortured," but should be rendered "judgment be given against;" (2) that if the X had decreed torture, torture would have been expressly enjoined; and (3) that as the decrees of the Council were not divulged, there was no motive for ambiguity. S. Romanin (Storia Documentata, etc., 1853, iv. 284) and R. Senger (Die beiden Foscari, 1878, p. 116) take the same view. On the other hand, Miss A. Wiel (Two Doges of Venice, 1891, p. 107) points out that, according to the Dolfin Cronaca, which Berlan did not consult, Jacopo was in a "mutilated" condition when the trial was over, and he was permitted to take a last farewell of his wife and children in Torricella. Goethe (Conversations, 1874, pp. 264, 265) did not share Eckermann's astonishment that Byron "could dwell so long on this torturing subject." "He was always a self-tormentor, and hence such subjects were his darling theme."]