On the seventeenth the three individuals who had been with Marino Faliero by night opened the case. The accusations having been heard, examined, and discussed by the court, the following proposal was made:--‘Does it seem to you that from what has been said and read, proceedings should be taken against Marino Faliero, the Doge, for attempting to betray the State and Commonwealth of Venice?’ Following the so-called Rite of the Council of Ten, the heads and the avogadori of the Commune proposed the sentence, and this was discussed until evening. It was finally decided that Marino Faliero should be beheaded on the landing of the stone staircase, where he had sworn the ducal oath of allegiance. It was further decreed by the sentence that all his goods should be confiscated, with the exception of two thousand lire of grossi, equal to five hundred pounds, which he was to be allowed to leave as he would by will. All that now remained was to announce to the Doge the sentence of death, and to strip him of the ducal insignia. Giovanni Gradenigo was charged with this duty, the same man who was presently to take his place upon the ducal throne. He was of the family of the Dogess; and it is possible, though I think extremely improbable, that the Council intended to send to the condemned man a person who might in some measure show him sympathy in his last moments. If the tribunal really had any such intention, it must be admitted that the manner in which it was carried out left much to be desired. A chronicler of a later time says that he heard the story told as follows:--‘Messer Zuan Gradenigo was the person who received the orders of the chiefs of the Ten to go to the Doge; and he found him walking up and down in the hall of his house (the palace). At once he said to him, “Give me that cap.” And he, the Doge, with his hands, gave it up, not suspecting a sentence of death. And he (Gradenigo) said to him, “You are condemned to have your head cut off within the hour.” Having heard which he (the Doge) was in great anguish, and could not answer anything.’
It is certain that Marino Faliero immediately made his will by the hand of a notary. This document is still wholly preserved, and is the best argument that could be produced of the honour of the Dogess. By it the Doge, who was about to die, leaves his wife sole executrix of his last will; leaving it also to her to do for his soul what she could with what he left her, in the way of pious services and charities.