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of the fighte ceased, the anger ought also not to continue. ffor
the victorious havinge once accepted his ennemie as his prison:
ner & he yelded him self as victored ought not after to be
slaine, no more then by the auntient lawes, the prisonners
that be taken in publique battells & preserued till the battle
be finished are & of right ought be kepte still aliue & were
called Serui, for that they were not slaine but seruati. Cino
saith that a man beinge yelded may not be killed. And the
decretall commaundeth that to souldiers yelded mercie sholde
be geven, vnles such prisonners may disturbe the common quiet
At this daye the custome in Italie is that whosoeuer is ta:
ken as yelded or fleinge not makinge more resistaunce ought
not be after slaine. The lawe also saith that whosoeuer sleeth
his prisonner after the battle sholde be grevouslie punished
And Baldo affirmeth that whosoeuer yeldeth in battle maye
be at the same instaunt put to the sworde, but afterwardes he
ought not. ffor havinge once saide I yelde my selfe into thy
hands he cannot be handled contrarie to custome of the warre
& otherwise then all Soldiers & good gent have allwaies here:
tofore entreated their prisonners.

If a Prisonner beinge yelded dooth obteine
libertie, & retorneth. whether he to whom
he is prisoner maye commaunde him base
seruices & thinges Unfit for a gentleman.

Ca. 2.

Twoe gentlemen havinge performed a
Combatt for lyffe & death wth condicion that yf any
of them were victored alive he sholde be a prisonner to the vyc:
torious, the one beinge vanquished and prisonner was by the
vanquished suffred to goe vppon his creditt. At length beinge
called for & appearinge was commaunded to the exercyse of
vile seruices, & was vsed as a slave & not like a gentleman