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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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this word voluntarie vnproperly in hauing applied it absolutely for although combate be Voluntary yet is it not absolutely volūtary but hath euer mixed with it some circumstance not voluntarie I rest altogether perplexed saide Count Alfonso neither can I imagine how combate should be either voluntarie or violent To manifest this vnto you returned Gualinguo and withall to discouer the error of Posseuino it is necessary that I giue you distinctly to vnderstand what actions bee absolutely voluntary and what not voluntary and which mixed that is which haue ioyned with thē a little force or cōstraint and this I will do the more willingly in that all this I am to tell you wil be no smal assistance to the vnderstanding of vertuous operations for no action can be tearmed vertuous or vitious worthie of honor or deseruing blame demeriting reward or punishment if it be not absolutely voluntarie I affirme therefore that to be absolutely volumarie seuen conditions are required as the Philosopher very well teacheth in his Moralles the first is that the beginning be in him that worketh and not external or without him the second is that he vnderstand his owne action the third concerning what or for what cause he worketh the sift after what sorte the sixt to what end that is in fauour of whom the last that he performe such an action voluntarily and not with griefe whensoeuer therefore any of these conditions shall faile out of doubt the action cannot absolutely be termed voluntarie but shal either not be voluntary or retaine with it some part or circumstāce of constraint Help my vnderstanding said Count Alfonso with some example to the end I may better comprehend these circumstaunces of absolutely voluntarie And Gua. behold an example we may commit an error not vnderstanding the matter as hee doth that putteth away a false crown esteeming it good this action may be tearmed not voluntarie for if he had knowne so much being an honest man he would not haue spent it and therefore is worthie of pardon and not of punishment In like sort we may erre not knowing the matter or cōcerning what wee worke as if one should offend his Father esteeming him an enemie in such maner as vnhappy Oedipus did wee may likewise erre by not knowing the instrument wherewith wee worke as if one should strike with a speare beleeuing it to be without a head or with a marble stone taking it for a pumix Fiftly wee erre about the maner how as if one thinking to strike softly shoulde smite hard Sixtly we erre concerning the end of all other errors it is the greatest as if a Phisition to heale his patient should lance an impostume and by such incision procure him to die lastly that action is not absolutely voluntary but hath somwhat not voluntary mixt with it when one worketh hauing know lege of al the circumstances aboue named yet inforced with grief performs such an action as it hapneth to him who to saue his life casteth his goods into the sea Now by absolute voluntary we may conceiue that not voluntary which is in two maners that is by force or ignorance by force is that when the beginning of the action consisteth not in the performer but is extrinsecall and without him as if one taking my arme by force should strike another therewith and therefore this action is violent because the actor consenteth not thereunto neither as agent nor patient by ignorance is he that worketh not knowing any of those circumstances by me recited and this though alwayes it be not voluntary yet is it not euer vnwillingly performed but sometimes it hapneth that they be performed both voluntarily and not How can it be said count Guydo that one thing may be not voluntary yet Voluntarily acted When after an operation performed ignorantly replied Gualin there insueth not griefe or repentance but rather ioy and contentment that is an action not voluntary voluntarily performed as if one should shoot an arrow where he thought some wilde beast lay hid and with this should kil his enemy there in couert it might be said that this man vnwillingly had voluntarily slaine him he after the fact remaining ioyful and wel satisfied but when repentance followeth such operations in such a case they are not voluntary and against wil performed There be other actions which as I haue said be termed mixed because they haue annexed to thē some respects voluntary som not volun tary for voluntary they are as not being performd by force For the beginning of the action is in the actor who is priuy to the circumstances by me rehearsed but yet haue some consideration in them of not voluntary insomuch as they are performed for feare of greater ill or for hope of some good so vnwillingly performed being such actions as no man of sound minde woulde vndertake as if a tyrant hauing in his power the father or children of some one should command him to performe som infamous fact with this condition that performing it his father and children should be free and on the contrary not accōplishing it they shuld be put to death The like is as I said by them who for feare of shipwrack cast out their goodes for simply there is no man that of his own proper will casteth away his goodes this granted wee may easily conceiue that this word voluntary placed by Posseuino in his definition of Combate cannot be intended by absolute voluntarines as himselfe it seemeth vnderstands it for notwithstanding in him that fighteth the internal beginning of such an action consisteth that it is not performed by ignorance yet hath it some circumstance of not voluntary annexed to it first because it is done for feare of greater euill as would be the losse of honor which the professor therof preferreth before his own life secondly in that no man of right sense would chuse to put his life honor soul to cōpromise as combatants do within the lists Poss hath erred by improperly placing this word voluntarily in his definition neither can this alegation excuse him that he put it in for difference of conflict made by force seeing all conflicts are forcibly attempted after the same maner I haue declared they beeing performed for feare of greater euil but if he meant to place it as a difference of violent not voluntary which is of that when the beginning of operation consists not in the actor it would be superfluous for such an instance can not be imagined in combatants within the lists vnlesse Posseu meant that the wind shuld face to face blow the combatants one against an other with their armes the one by the other to be brused But proceeding further after hee hath said that combate is a voluntarie incounter or conflict he addeth wherein one intendeth to proue vpon another that he is an honorable man and vnworthy to be iniuried or contemned as likewise the other mindeth to prooue the contrary In this last clause