and shame a gent cannot breake his faith, wch by two reasons
may be proued. ffirst for that all gent professinge armes
& beinge reputed defenders of the common weale, whensoever
they falcefie their faith, the state sholde not afterwards put
them in truste, and havinge bene before conversaunt wth the
Prince ought be afterwarde that fault committed, removed
from his presence as Traitors, personns infamous, & vnworthie
the conversation of men. yet in this case notwthstandinge
the promise of the Prisonner he ought to obey his Prince
because he is first by alleageaunce & othe to him bounde. And
albeit at his vanquishment, he was bounde to his vanquisher
yet must that bonde not be in preiudice of the Prince, to
whome before that time he was in lawfull obligacion. ffor
albeit that his faithe geven to his taker, ought assuredlie
to binde him yet the lawe commanndeth that the Prince
sholde be obeied before all others, because all other othes not
wthstandinge everie subiecte before the persormannce of them
was bounde to oberue fowre thins. His faith to God, his
faith to Gods church, his allegiaunce to his Prince, whose
Subiecte he is, and his faith to his contrie, wherunto his love
ought be greater then to his Parents. But yf so be yt
the Prince hath none occasion of the Prisonners seruice
then is he bounde to performe promise, to his taker & go vnto
him. ffor havinge first obeyed his Prince, that done, he
ought to obeye his taker. ffor yf a gent the vassall of a
Prince be taken in warre & suffred to goe vppon his faithe
yf of an other Prince ennemie to his owne soueraigne he be
Prisonner, notwthstandinge his soueraigne doth otherwise com:
maunde yet is he bounde to retorne vnto his taker, & obserue
his ffaith because he was taken in the seruice of his owne
Prince, and therfore in that case the naturall Prince is
not the firste to whome fidelitie was geven. The reason
therof is, the Prince vsinge the vassall in the arre dooth
therby hazarde the interest wch he hath of his person, bin:
dinge him to the Iustice of the warre, & cannot excuse him
from oberuinge faith to his taker. ffor the same reason when
soever any gent or other beinge a subiecte doth fight by licence
of his Prince, or that the Prince is Iudge of the combat
yf the Subiecte be vanquished the Prince cannot after
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Page:MS V.b.104 130v.png
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