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a personall agremente priviledge of the father, because it was
a compacte or agremente, & every compact dooth extende from
the father to the sonne. ffor wch reasons the prisonner ought
by lawe to apperteigne vnto the sonne, so as that sonne be the
heire of the ffather. ffor it hath bene heretofore iudged, that
yf a prisonner be taken in the warre, and afterwardes dieth,
the prisonner shall remaine to the sonne, & he maye receave
the ransome Notwthstandinge somme souldiers affirme ye contra:
rie, alleaginge this onlye reason, that honnor in armes doth
not descende as inheritable, wherin they remember not that
by lawe of Chevalrie the infamie of the father corrupteth
the Children vnborne, wherfore as the Children do participate
of the ffathers reproche, so ought they haue part of his honnors
ffor as shame is due, so is also honnor, according to the quali:
tie of mens meritts.

Iff A prisonner suffred to goe at Libertie
vpon his faith, & beinge called to retorne
dooth alleage impediment, whether he may
so doe or not?

Ca. 10.

The Emperor hathe Iudged that yf a souldier be
licenced by his Capteine to followe his owne affaires &
doth not beinge called appeare to perfourme such seruice in the
warre as he is commaunded vnto, then ought he be punished
vnles he alleage a lawfull lett or impedimente wthout frawde
or deceipt. ffor in somme cases a prisoner ought to be pardoned
although he fortune to faile of his apparaunce, as yf he
were employed in the seruice of his contrie or common weale
or yf he be imprisonned or vsed in the warre of his owne
Prince whome he maye not abandon, or yf he had promised for
a certeine time to serue in some other place, & the time not expired