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Retorne or paye ransome, but yf the warre be lawfull, & the
prisoners lawfullie taken, they are bound to retorne. As Bar:
tholo and Innocentio doe affirme. And yf it be doubted whethr
the warre be iuste or vniuste he is also bounde to retorne, mary
yf it be apparaunt that he is vniustlie taken, then althoughe
he sware to retorne yet is he not bounde to obserue his othe
Baldo saithe that yf a gent sholde pmise to goe vnto a place
certeine wthin one moneth & by the waye be commaunded by
some great lorde vppon a Penaltie that he shall not goe fur:
ther, yet that impediment ought not iustlie excuse him, be:
cause in beinge vniustlie staied he ought to flie, vnles he dooth
sweare not to departe. wherfore in conclusion I saye yt by Ciuile
Iustice promie is to be kepte in the cases aforesaide. And
therfore noble gent professinge armes doe holde opinion yt
both in lawfull & vnlawfull warre wthout any distinction
faith is to be obserued. And likewise all prisonners in privat
combat beinge yelded before a Compotent Iudge, yf they be
suffred to goe vppon their faith ought to performe promise
vnles by the Emperor they be wtholden. ffor Marco Regulo
thoughe he was assured of certein death, yet wolde he so
doe to presrue his honnor & fame.

When a gentilman beinge Uanquished
& prisonner dot become a lorde, Prince
or Duke, whether he be then bounde to re:
torne to his Taker?

Ca. 5.

Twoe gentlemen beinge at defiaunce did
determine to fighte on horsbacke wth thease condicy:
ons. That wchsoeuer of them were vanquished, sholde lose his
armes, his horse & be accompted a traitor, It fortuned that
the one of them beinge vanquished, was by the vanquisher
admitted to goe vppon his creditt & retorne whensoeuer he
were commaunded. This prisonner happening to aspire to