The offence was patent, the trial was legal, and the condemnation was just; but Jacopo cared for none of these things, and altogether declining the invitation of the Ten to go on board the galley sent for him, he continued to live in Trieste as if nothing had happened. The Ten, on their side, were by no means anxious to incur the odium of decapitating the Doge’s son, as they had declared that they would do if he refused obedience, and they now begged the Doge himself to use his paternal influence with Jacopo, in order that they might not be driven to extremities; but as this measure also remained without any effect, the Council confirmed its sentence and confiscated Jacopo’s property. At any moment he might have been arrested, brought to Venice, and beheaded; but instead of this, a committee was named to examine into the circumstances. It was ascertained that Jacopo was in bad health; it was voted that this fact should be accepted as a sufficient excuse for his disobedience; and, by way of smoothing matters over, it was decreed that he should be exiled only to Treviso and the Trevisan district, almost within sight of Venice. Jacopo thought fit to submit to this mild decree, which was not modified, although it was soon afterwards discovered that he had received two thousand and forty ducats, with a quantity of silver plate, from Francesco Sforza. A year later the Doge presented a petition to the Council of Ten begging that, in consideration of his own old age, and of the fact that Jacopo, his wife, his children, and all their servants, suffered from malarious fever in the climate of Mestre, Jacopo might be allowed to return to Venice. This petition was actually granted, doubtless owing to the signal services rendered to the Republic by the old Doge during a reign which had already lasted twenty years. Jacopo returned, and during the next three years nothing is known of his mode of life. It must be admitted that, so far, the Ten had acted with unusual clemency. They can hardly be blamed, however, for having watched Jacopo afterwards. On the evening of the fifth of November 1450 an atrocious murder was committed, and the fact that the victim, the noble Ermolao Donato, had been one of the heads of the Ten during Jacopo’s trial, and that he was killed just after he had left the ducal palace, cast suspicion upon the younger Foscari. It was not until two months later that a formal accusation was laid against him and he was arrested. There was certainly strong evidence to prove the crime. Foscari had long made no secret about his hatred of the murdered man; a servant of Jacopo’s had been seen hanging about the palace as if waiting for some one just before Donato had come out; and a good many minor pieces of testimony were adduced.