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wtholde the saide subiecte from his Taker, neither ought the
vanquished to obey his Prince, thoughe he wolde so commande
But yf it happen that the gent victorious after the com:
bat shall become a traitor to his contrie or Prince, in that
case, the Prisonner is not bounde to obserue his faith. ffor in
respecte of the treason the victorious looseth his honnor, &
the victored is dispenced wth for his faithe. Because the
Ciuile & canonicall lawes doe determine, that no prisonner
is bounde to appeare to his taker yf the taker standeth
excommunicate.

A gentilman Uictorious hauinge taken A
Prisoner dooth suffer him to haue libertie vpon
promise to retorne. yf after beinge called he doth
refuze. whether his Prince maye enforce him to
performe the promise.

Ca. 4.

It hath bene an olde question that a Prisonner taken
either in the feilde or in particular Combatt, beige suffred
to goe at libertie vppon his faith whether his Prince
maye lawfullie compell him to retorne to his taker, or
whether he be in iustice bounde to obserue his faith. Baldo saith
that to an ennemie of the common weale no promise or faith
ought to be kepte, the same is also affirmed by the decretall
likewise yf a man be iniustlie imprisonned and dooth vpon his
faith goe at libertie is not bounde to retorne to prison. But
yf a Prisonner taken in lawfull warre be suffred to have
such libertie & retorneth not he shall therin greatlie offende
The like sinne he committeth that beinge lawfullie condemned
dooth breake prison. yet yf a man be holden prisonner by
theves or by souldiers, that wthout lawfull commission do spoile
the Contrie, & let go vpon his faith, he is not in yt case bounde to