You are not currently logged in. Are you accessing the unsecure (http) portal? Click here to switch to the secure portal. |
Page:MS V.b.104 133r.png
A Soldier taken by thre, & beinge priso:
ner to them all, is by them al at once cal:
led for, to wch of them he oughte obeye.
Ca. 6.
Iff a Soldier doe happen in thre sondrie warrs or
in thre sondrie Combatts to be taken & suffred to goe
vppon his faith, makinge pmise to all at one time to retorne
vppon callinge. The lawe willeth he sholde performe his pro:
mise to ye first of his takers, but yf his promises were made al
together, & there callinge of him all at one instannt, then ought
he appeare to the moste worthie or to him who sent the first
message. And in case he receiveth lres of commaundement
from them all by one messenger, then ought he go to him whose
lre was first opened. for so the doctors in lawe doe wth this
distinction decide the doubte.
Whether A man Uanquished, & accepted
prisonner to goe Vppon his promise, maye
redeme his faith for money or otherwise
Ca. 7.
By the lawes Ciuile it is thought a prisonner maye
make composition wth his taker, so yt he be fullie contented
& paide for the presruation of the combatt & his coste in tra:
vell to the place of fight, where havinge victorie & Iustice
the victorious maye take satisfaction & remitt the victored
of his obligacion. Innocentio saithe that whosoeuer moveth
warre vniustlie, is bounde to satisfie the damage done therin
and paye his chardgs against whome the warr is made &
therfore the partie vanquished, (who is presumed to