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As to be ledde wth his lorde tied in chaines and in disdaine forced
to feede vndr the table, also to digge in the vineyarde & employed for
a mulettor. The Iudge was demaunded whether by lawe of
armes the gent vanquished ought to be vsed in so base seruices? the
opinion of some soldiers hath bene, yt he maye be so handled
but others more discreete saye he ought not, wherunto the lawes
Ciuile doe agree affirminge that a man taken in fighte maye
not be vsed in anye seruice vnmeete for a gent. The same lawe
also commaunded that, yf anie lorde doe cruellie entreat his
prisonner he shalbe constrained to sell hym, much more reasonablie
ought a gent taken in battle to be vsed wthout crueltie & not be em:
ployed in seruices vnworthie his estate, & the profession of the
warre. wch was the sentence Diuo Pio the Emperor speaking
against those that cruellie entreated prisonners taken in the war
who were in auntient time vsed as slaves. This was the
opinion of that Emperor in his lres written to a Proconsull
that desired his Councell howe to proceede in that matter. It
is also the common custome not to enterteigne gent prisoners
in suche affaires. Also a vassall beinge bounde to serue his
lorde personallie, ought not be employed in accions vnfitt for
his qualitie, nor wherin he hath not bene trained. yet may he
whose Prisonner he is compell him to serue in the warre, &
vse his aide in any particuler quarrell, or otherwise employ
him in anye seruice meete for a gent, and as others in like
fortune have bene. But the Prisonner beinge lett lose vpon
his creditt & retorned accordinglie ought not anye more be
putt in prison as it was by certeine notable capteines determined
in the person of the L. Roberto de sanseuerino The contrary
was committed by the duke of Borgogna in the person of
the duke of Anioye, who beinge taken in the feilde and set
at libertie, followinge Marco Regolo the noble Romaine, &
retorned vppon his honnor, was by the space of thre yeares
holden in prison, & like vnto Marco Regulo put into a barrell
of nayles & so died. Moreouer Baldo saith that such as
be prisonners in Combatt for liffe ought not be slaves to
them whose prisonners they are, neither maye they be vsed
contrarie to the custome of Chivalrie, wherfore when:
soeuer a gent prisonner be commaunded any vile servis
he shall not be bounde to obeye. In like manner a vassall