Page:MS V.b.104 110v.png

Of two gentlemen the one in fightinge saide I yelde, & euen at the same instaunte strake his ennemie & slewe him.

Ca. 18.

Twoe English gentlemen fightinge in combatt for life & deathe, the one speakinge to the other saide yelde thy selfe, wherto the other answered I yelde, and all at once wthout other worde strake his ennemie so violent a blowe as forthwth he fell downe deade, vppon wch occasion a doubte a: rose whether a man havinge in this sorte slaine his ennemie ought to be victorious. In wch case manie reasons may be allea: ged against him that sholde in such manner challenge victorie yea it semeth rather he sholde be victored havinge confessed wth his owne mowthe that he did yelde, and therfore maye not afterwardes lawfullie offende him, to whome he was yelded. ffor a mans owne wordes do binde him self. Mr Angelo di Perugia saieth. To saye I yelde my self to the implyeth as much as I give the my faith. On the contrary parte it may be alleadged that forasmuch as the wordes of him that saide I yelde did not agre wth his doinge, it ought not to be iudged that he did yelde because at the same instaunte that he pronounced his wordes, his deedes were far otherwise. In fight a mans deedes are a more assured declaration of the minde then the wordes, and a man is noted rather for that he dooth then for that he speaketh. And therfore thoughe in wordes he did yelde, yet havinge notwthstanding slaine his en: nemie the lawe willeth that his deedes shalbe best estemed Tullio affirmeth that whensoeuer thy deedes doe witnesse any thinge thy wordes are not regarded. The will & inte: nte of man is descried rather by deedes then wordes, because manie times thy wordes & doings doe not accorde. ffor wch consideracion the deedes only are respected, havinge slaine the Ennemie, and the wordes are to be iudged as termes of skorne derision & deceipte, as were those that the traiterous Iewes did speake to our saviour Christe saienge. hayle kinge of the Iewes, and therwthall strake him vppon the