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Page:MS V.b.104 133v.png
have fought against iustice) may be released as yf he had bene taken
in a Iuste warre, or may by his taker be holden, or put in prison till
he hath paide his rannsome. The Ciuile lawe sayth moreover
that though such a prisoner hath not money wherwth to redeme
him self, yet having serued his taker the space of five yeares
he ought be set at libertie wthout payenge for his diett. Also a
man imprysonned for debte of money, yf he be by his creditor set
at libertie for such a somme as he is hable to procure, wherwth
his creditor is once satisfied, he cannot in conscience after demande
more. And in case he be not hable to paye anye thinge his credy:
tors maye requite his seruice for a time certeine in liene of the
debte. yet shall not any prisoner be employed in seruises vnfitt
for his degree, for so doinge the prisonner is not bounde to serue
by may lawfullie flee, or yf for Charitie or other occasion he
be released he is no more bounde to paye anye thinge. And whoso
hathe a prisonner geven by his taker he cannot after sell him
as shalbe declared.
A man Uanquished in personall fighte
& yelded prisonner is geuen to the Prince
whether the Prince maie put him to ran:
come.
Ca. 8.
A gent beinge vanquished & made prisonner
in Combatt for life, was desired by a Capteine generall or
the Prince him self beinge presente to have the prisonner
A question was demaunded of the Iudge whether the
Prince havinge obteyned the guifte of the prisonner might
put him to Ransome? The lawes ciuile doe saye he cannot
And Baldo affirmeth of the same case, yt who so ever is
frelie geven to his neighbour ought not be solde, because it is
against Iustice to make merchanndize of men. And the
first Queene Johan of Napoli having invited the lorde
Galeazzo of Mantoua to a notable feaste in Gaietta [?]
[?] to daunce wth him, and the daunce beinge done, the L. most
humblie knelinge thanked the Queene for that honnor, and