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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