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A11048 The courtiers academie comprehending seuen seuerall dayes discourses: wherein be discussed, seuen noble and important arguments, worthy by all gentlemen to be perused. 1 Of beautie. 2 Of humane loue. 3 Of honour. 4 Of combate and single fight. 5 Of nobilitie. 6 Of riches. 7 Of precedence of letters or armes originally written in Italian by Count Haniball Romei, a gentleman of Ferrara, and translated into English by I.K.; Discorsi. English Romei, Annibale, conte, 16th cent.; Keper, John, b. 1546 or 7, attributed name.; I. K. 1598 (1598) STC 21311; ESTC S116155 207,844 304

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as wrongly informed and such like suspition of vilitie in him iniuried shall bee diminished or taken away by shewing the sodaine lighting of the blowe that either for some former or present maladie hee was weake by being at the same instant he was iniuried in the presence or priuie chamber of the Prince or of some others where he was bounde to reuerence for doubt of inequality in party or such like It should not appeare sayde Scandiano if that it bee true which they intreating of Combate affirme that the act of cowardize is excused by suspition of vne quall partie wherupon if one accompanied prouoke or assaile another alone hee by himselfe shewing cowardize cannot be excused by inequalitie of partie except hee see himselfe fight against the armes of two seuerall men And this their reason is grounded vppon that your inwarde supposition that euerie man is honest if no action appeare to the contrarie Being therefore to imagine that the companions of the assailants are iust there shall be no reason to feare their offending except it appeare manifestly And yet in this I am verye doubtfull for as in generall battaile it is great aduantage to daunt the enemie at the first sight with great number so will it be in any brawle a speciall aduantage at the first meeting by a multitude of complices to strike terror into an enemie alone Say it whosoeuer will aunswered Gualinguo but to assault or chalenge being accompanied one alone is an vniust act and noteth small valour although no other draw their swordes then the assailant neither can hee defiled or assailed presume vppon such honestie in the others companions as that the doubt of their iniustice shall not be greater so that in such a case hee offended may alwaies excuse himselfe with probable presumption of inequalitie That this is an action scarcely befitting an honourable Gentleman Ariosto declareth said Count Alfonso in his three and twentie Canto saying They would full faine haue gone but of their companie The Count accepted not though honest t were and good And with this reason straight hee did them satisfie That in a warriour no disgrace was vnderstood Like as when to the field his foe hee doth defie And brings for aide and helpe a friend or stander by But to returne to our purpose of peace although the generall rule you haue sette downe concerning entreatie of peace bee good yet rest I not satisfied except you also proceede vnto poynts particular the which though vnto you Sir Knight it seeme impossible to comprehend the accidents beeing in a manner so infinite yet in my iudgement they may bee reduced vnder twoo principall heades as likewise all iniuries and offences For either they bee iniuries of woords or deedes displease it not you therefore to answere and deliuer your opinion to such demands as shall bee propounded touching the conclusion of peace And Gualin Although this argument requireth longer and deeper consideration notwithstanding as taken sodainelie I will endeuour to giue you satiffaction and if I do no other good yet shall giue you occasion to meditate better thereon Put case added Turcho that one had iniuried by words reproouing another of iniustice or vility and if that he iniuried returned it not with a lie but swallowed vp this iniury in what word could the offender restore honour so as hee himselfe might not be touched The generall rule in this case as in alother may serue the turne answered Gualinguo For it the offender offered not iniurie in colde bloud which is called an innocent and inexpected chance as manie times it happeneth playing talking or discussing any matter in such a case we may attribute the fault to anger for anger as the Pholosopher affirmeth in the first of his Ethicks mitigateth greatly the offence of iniustice in that it seemeth the beginning of action proceedeth not from him angrie but from the other gining the occasion of anger but if hee did it in cold bloud which is termed a case premeditate it may be excused by ignorance In the first case the offender shall say to the iniutied I ouercome with the furie of anger and being without the bondes of reason iniuried you thus or thus in wordes now taking you for an honest man and vnworthy of contempt penitent for whatsoeuer I haue spoken to your dishonour I requesting you to be my friend The iniuried may answer Seeing you know mee for an honest-man and repent you of what you haue spoken to my dishonour I accept you as my friend The first words disburden the offender in that the sinne of incontinence though it absolutely deserue not pardon yet neuerthelesse it is woorthie of excuse being a verie difficult matter to resist affections but especially anger The last remooue suspition of vilitie from the iniuried in the seconde case the offender shall say I through false relation or probable coniecture entred into opinion that you were such or such an one but now assured of trueth I know you to be an honest man and vnwoorthie of contempt wherefore repenting me of whatsoeuer to your dishonor I haue spoken I desire that you will be vnto me a friend the first wordes shewing that the offender erred excuse his iniustice and the last worke the like effect as in the first case that is they cleare and discharge him iniuried And if he ssaundered added Beuelacqua answer the calumniation with a lie howe would you introduce peace for according to Faustus it seemes this cānot be done except the iniurier eat his words thus doing he accuseth himselfe to be malignant a liar and so resteth infamous And Gualinguo The opinions of Faustus in the subiect of honor are so strict as stāding on his foundations there can no peace be introduced but that one must remaine infamous which is false for whensoeuer in peace it is manifested that the offence was not voluntarily performed neither by election but rather through humane fragility the offender resteth not infamous although the lawes suffer not offences throgh ignorance to scape vnpunished or whosoeuer vppon any other affection of the minde committed This shall take no place betweene particular men to whom the recouery only of honor is sufficient Therefore we will affirme that such a like quarrel may after this sort be accommodated The giuer of the he shall say thus being certified that you euill informed by one that hateth mee spoke thus iniuriously of me I confesse that notwithstanding you haue reported that of me which is not true yet haue you not lied wherefore perceiuing you to be a man of valor and honor I request you to be friends with mee Hee offered the lye shall answere I truly wrong informed and beleeuing that you were such an one vttered of you these iniurious speeches but nowe confēssing my errour I knowe you for an honorable and honest man contenting my selfe to bee your friend Declare vnto mee saide Beuelacqua how in this the honour of the one and other is
the insufficent lye is that which is not giuen vpon receit of an iniury and because in this case it sauoureth of iniurie as accusing his aduersarie of slander it ought therefore to be punished In combat the first of any other thing it is debated whether the quarrell deserue to be put to trial of armes and this is proper to the Ciuilian first because the determination of such questions is contained in the Lombard law secondly for that the Lawyer is he that iudgeth whether the ciuil triall of the cause made were sufficient or no for if it were sufficient proofe of armes ceaseth in combate the disparitie and inequality of the combatants is called into question and who may be admitted who refused and this is also a discussion belonging to the Lawyer For he being conuersant not onely about iustice commutatiue but also concerning that distributiue being no other but to distribute punishment and rewardes with geometricall proportion of necessitie he must needs know those offences that make an other worthy of chasticement and infamy as likewise the actions that are meritorious of reward and honor and consequently that he determine who ought to be refused as infamous and who as honourable to be admitted to the triall of armes in combate also is debated the distinctions of Nobilitie as well of priuate men as of Princes and this also belongeth to the Ciuilian who respecteth the degrees and qualities of persons to distribute iustly and with proportion reward and punishment Those rules also which in combate are obserued are proper to the Ciuilians being the selfe-same that are obserued in ciuil iudgements In combate this is obserued that after the chalenge is accepted it is not lawful for the combatants to offend one another but in the determined day of battell this precept is like to that which saith during the sute let there be no innouation of any thing and whosoeuer disturbeth the possessor the sute stil hanging is intended to be fallen from all his right and title in combate is this other poynt that he which appeareth not in the field on the day prefixed for battel is intended to haue lost his whole interest and this also is decided by the Ciuilians who say that allawes exclame against the man stubburne and contumacious This other rule is also auerred that the day and time of battaile expired and the assailant not proouing the defendant is intended to be victor this being likewise a maxime with the Ciuilians the lawe affirming that the assailant not prouing in the prefixed and instant time the defendant is absolued To conclude there is not any thing in combate which doth not resemble those poynts handled in the lawes Proceede no further saide Count Alfonso Turchi because now wee are sufficiently satisfied that in doubtes I will not say appertaining to Combate seeing God bee thanked it is no more in vse but pertaining to the honour whereof euery one maketh profession wee must haue recourse to the Ciuilian and not to the Moralist the honour whereof hee entreateth beeing from this very diuerse Notwithstanding the vse of combate bee taken away sayde Count Guido yet are neyther brawles nor tumultes remooued which euery day bee stirred vppe with great effusion of bloud the which in that by combate they can not bee defined there is an other inuention diabolicall enough found out which is not Combate and that is the field whither Gentlemen of honor oftentimes runne to decide their quarrels with armes And this manner of fighting is now in such vse as I am doubtfull whether a man of honor offered the field may refuse without presumption of cowardise As in Ciuil iudgements sayde Gualinguo the defendant is not bound to answere the plaintife except there be compotent court and Iudge assigned him so that defendant who to the Tribunall of Armes is cited neede not there appeare without a secure field and Iudge and refusing hee ought not onely not to be held as a Coward but further a man of honour For it is proper to the eues murtherers and ruffians to fight in wooddes and solitary places and for Gentlemen of honour to performe battaile in the presence of Princes and many knights to whose iudgement the Combatants referre themselues And from those Lordes in the field they receiue as from competent Iudges the patent of their victorie and in what maner they haue subdued Necessity maketh many things lawfull which are vnlawfull added Calcagnini and there is no doubt but if combate were in vse the field might lawfully be refused but not being able by other meanes then this to ende quarrels it seemeth the iniuried which is Assailant hath in a certaine sort discharged his honor when hee hath vrged the fielde of his defendant the defendant not accepting of it he incurreth suspition of timidity and slender valour and touching the circumstance of a secure iudge and field what better iudge or truer testimoniall of victory can there be then the sword For to returne from Battaile with the sword bloudy and vnwounded noteth that Combatant victorious and on the contrary to remaine dead or greeuously wounded is a signe of vanquishment Moreouer combatants go not into the fielde alone by themselues but for securitie each one carrieth with him a confident friend of vnspotted fidelity or some Gentleman of honour who after performance giueth testimony of the valour and victory of the Combatants The sword replied Gualingno cannot be a sincere testimony nor a iust iudge for we see that he mortally wounded hath first before his death taken prisoner his enemie and the Confidents by being each of them partial to their Champion are not faithfull testimonies of valour and victorie and we see by experience that seldome times they carry in mind the circumslances of the conflict in recounting the fact vppon which afterwards questions haue risen and fresh quarrels both betwixt them as also betweene the Champions So that in any wise the field is to be auoyded being contrary to all law and ancient custome of Knighthood apt rather to frame new then to take vp old quarrels What must we then do sayd Beuelacqua is it necessary we continue alwaies in Bralles finding no meane to determine them Not so answered Gualinguo but they must be decided as diuine and humane lawes commaund that is peaceably and so as honour by them may be restored who haue vsurped it As this is a most singular and religious mean so comprehendeth it verie great difficulty saide Scandiano for in peace nothing else being sought after then to reduce the parties to equalitie or that such a peace should be effected as that the iniuried and the iniurying might remaine equally possessed of honour bee it not therefore troublesome vnto you Sir knight discoursing yet somewhat further to deliuer also in this poynt your iudgement and opinion Of the meane how to make peace and take vp quarrels IN that he iniurying answered Gualin as before I haue said cannot in honor be equal
that discommended the place vnderstand thou O friend that I would rather choose to be cheefe in this place then second in Rome and Alexander for this vertue surnamed the great was of so haughtie a minde as hauing vnderstood by some that there were diuers worlds sighing greatly lamented that being now seauen and twentie yeares of age he had not yet conquered nor gotten one As vaine-glory and ambition obscure the actions of this ar●e so doth the vertue of modestie cause it to bee wonderfull resplendant the good African acquired no lesse glory in refusing with modestie the superfluous honors offered vnto him by the Senate and people of Rome then he did in vanquishing and subduing the proud forces of the Carthaginians As on the contrary Alexander obscured his famous acts by the vice of ambitiō he accepting by sycophāts to be called the sonne of Inpiter Hammon and finally with all those honors to bee honored which rather agreed with the supernall gods then any mortall man Clemencie also moderatrix of anger is in a manner necessarie to the managing of this arte in that anger is an obfuscation to the vertues of the minde and impaireth bodyly force and vigor wherefore an angry Captain forgetting his arte and stratageme easily becommeth a prey to his enemie Caesar as he was and euer shall bee the warrior of the world without peere so of al others was hee most curteous and gentle neither can wee finde that bee fought at any time with his enemie being in furie and by being much more ready to pardon then reuenge he remained finally betrayed and slaine Whereas on the contrary Alexander by the vice of anger obscured his great victories for in fury he deliuered Lysimachus to the Lion pearced the breast of Clito with a launce and put Calistheues to death Affabilitie and curtesie though to the seueritie of this art they sceme litle befitting and conuenient yet are they profitable as the thinges that procure a Captain to be acceptable and beloued of his souldiers by this vertue Scipio African obtained great honor and profit for he was so affable and domesticall amongst his souldiers that although he had an exceeding great armie yet saluted hee them all by their names As vertue cannot be practised without iustice so also without iustice cannot arte militarie consist by this the valorous Captaine procureth himselfe to be beloued for hope of iust reward as also to be feared through expectation of deserued punishment And not onley moral vertues but some liberall artes also seeme necessary to the perfection of this arte and amongst others Rhethoricke produceth most admirable effects which the lesser Scipio manifested in Spaine who finding his armie very licentious corrupted altogether with depraued customes by a most eloquent oration without any other meanes reduced them to the Romaine discipline and Iulius Caesar by this arte of speaking confirmed his Souldiers mindes in France astonished with the hugenes of the duch mens bodies and therefore he obtained a most glorious victorie against proud Ariouistus Finally the ancient Captaines so esteemed as also those of these daies holde the force of cloquence to bee so great in arte militarie that seldome or neuer they enter into battail but first they confirme the mindes of the Souldiers by a Martiall Oration enflaming them vnto battaile And being of most notable importance and a singular precept of arte militarie to preserue an armie healthfull I will also affirme that to haue knowledge in some thinges which appertaine to the arte of Phisicke cannot but be a speciall assistance for it shall wonderfully import a skilful Captaine to vnderstād the quality of the aire the goodnes of waters wines the properties of meates as well in choosing out situation for his encamping as for the nourishment of his armie we may read that Romane Captaines contended no lesse in this then in other martiall practises Architecture further is necessary to this arte especially that parte which appertaineth to fortification for wanting this knowledge a captaine can neither defend offend nor expugne a citie In this point Iulius Caesar was so excellent as that of himselfe he brought admiration to the world through the towers bridges fortresses and engines whereof euen yet to this daye there appere diuers monumentes and representations In my opinion most illustrous lady I haue manifestly enough declared that this our noble arte is a consent harmony of al the worthiest perfections and an heape of all the vertues being an arte truly worthy of those men who for participating of deuinitie and mortalitie are termed Heroes wherefore no meruaile though Curtius most valiant of any other Romane Knight was by the Oracle of Apollo approued worthy to fill vp that huge gulffe in the market place of Rome as the most excellent and pretious thing which in that citie could be found neither can it bee alleadged but that there were also at the same instāt in Rome men in learning most excellent Pythagoras Numa hauing there plāted their golden philosophie I could further by infinit examples make demonstration that militarie arte is of all other perfections aptest to exalte a man euen to the highest degree of glory but all volumes and writings being heerewith replenished I refer my selfe ouer to that which the historiographers affirme Notwithstanding to open the eies of the learned I will affirme that amongst the ancientes armes were euer in greater estimation then letters which may be conceiued by the statues images framed of their cheefest gods and painted not with books or scroules of paper in their hand but with instruments of warlike arte they minding to manifest that without armes there could bee no perfect deitie they gaue therefore vnto Ioue lightning to Neptune and Pluto a tridental mace to Saturne a sickle or sithe to Apolle a bowe arrowes and a darte to Hercules a clubbe to Pallas a shielde a lance and helmet to Diana a bowe shafttes and a darte vnto Cupide a bowe and fatall arrowes And further the ancients esteemed this art of so great excellence as that it could not continue without the protection of some particular deity And therefore they esteemed Mars and Bellona gods of war adorning their Statues with warlike instruments which instruments they also thought worthy to be made by diuine hand and workmanship and therfore they beleeued Vuicane to be the Gods armourer which Plutarch sheweth saying Vulcane at his hot worke doth sweate and blow To make the piercing shaft for Ioue his bow Finally the holy scripture calleth the great God the god of Armies not of the learned so that Signior Patritio you may yeeld your selfe vanquished and not put your soule to compromise for you well know that you defend an vniust cause Patritio laughed said You Signior Brancaccio shew your selfe ingrate yea and trecherous towards the learned seeing the Armes and art of speaking from the learned obtained you vse against themselues And I am out of al doubt that if you